/ 


T^vn;.  VAs1XK>.' 


^ 


The  Public  Service 
Commission's 


Correspondence  with  the  Receiver  of  the 
Third  Avenue  Railroad 


This  correspondence  is  reprinted  for  the  purpose  of  accompanying  a  report  to  the 
Third  Avenue  Bondholders,  and  in  order  to  supply  a  considerable  demand  made  for  it 
by  the  public. 

Since  the  date  of  the  last  letter,  it  has  appeared  that  this  Commission  in  the  First  District 
is  unwilling  to  discontinue  the  puerile  "  observations  "  vv^hich  form  the  subject  matter  of  many  of 
the  tables  and  letters  in  these  volumes,  and  it  is  apparently  also  disposed  to  pursue  its  foolish 
suit  against  me  for  $800,000.,  referred  to  in  some  of  the  letters  in  Volume  III.  The  institution 
of  this  suit  was  an  unscrupulous  misuse  of  power,  and  such  a  case  could  only  have  been  brought 
as  a  product  of  a  state  of  mind  about  corporations  and  everybody  connected  vsath  them,  which 
I  have  justly  termed  in  this  correspondence  "  stupid  and  insolent."  Fortunately,  the  Courts  and 
juries  know  how  to  deal  with  such  cases. 

This  Commission  has  busied  itself  a  good  deal  over  the  valuation  of  the  railroads  within 
its  jurisdiction,  and  with  surprising  results,  but  the  value  of  the  money  and  the  value  of  the  time 
of  the  unfortunate  owners  of  those  reulroads  and  of  the  people  generally,  they  have  apparently 
neglected  to  consider,  with  results  which  are  shameful.  The  =  Commission  has  cost  the 
Third  Avenue  Reiilroad,  directly,  upwards  of  $1 50,000.  down  to  date.  Indirectly  it  has 
damaged  it  to  an  incalculable  amount.  When  it  comes  to  the  people  at  large,  this  Commission 
has  cost  them,  down  to  the  first  of  November,  $4,042,038.87.  It  has  issued  1,281  final  orders, 
and  Heaven  knows  how  many  of  an  interlocutory  character.  The  Up-State  Commission, 
on  the  other  hand,  which  is  generally  recognized  as  a  sensible  and  helpful  body,  has  spent 
during  its  existence  down  to  the  first  of  October  last  $879,752.54,  and  it  has  been  able 
to  discharge  its  duties  by  making  only  1 1 9  final  orders. 

F.  W.  WHITRIDGE. 


234664 


PREFACE  TO  VOLUME  I. 

The  following  correspondence  between  the  Public  Service  Commission  and  the  Receiver  of 
the  Roads  forming  the  Third  Avenue  System  is  printed  for  the  purpose  of  record  and  the  con- 
venience of  reference. 

It  is  pretty  dreary  stuff  and  would  have  been  intolerable  except  for  the  opportunities  it  occa- 
sionally afforded  for  amusement,  but  perhaps  it  may,  in  the  future,  be  of  interest  to  some  student 
of  Governmental  regulations. 

It  includes  only  a  little  more  than  half  of  the  correspondence.  The  remainder  is  either  reit- 
eration or  entirely  senseless.  Page  105  et  seq.  comprises  complaints.  The  letter  of  the  Com- 
mission on  page  105  is  a  form  which  comes  with  every  complaint,  and  for  economy  of  space  is 
only  printed  once. 

F.  W.  WHITRIDGE. 


STATE  OF  NEW  YORK, 

PUBLIC   SERVICE   COMMISSION    FOR   THE   FIRST   DISTRICT. 


In  the  Matter 

of  the 

Hearing  on   the   Motion  of  the   Commission,   on   the   question   of   how   the   duty 

imposed  under  an  order  of  the  Commission,  made  December  30th,  1907,  directing  \    (^   ,       r      tt 

the   NEW   YORK   CITY   RAILWAY   COMPANY,   or   ADRIAN   H.   JOLINE  /     ^^^^         Hearmg 

AND  DOUGLAS  ROBINSON,  its  Receivers,  on  and  after  February  isth,   1908,  (  '    ^^'^• 

to  turn  out  not  fewer  than  ten  cars  daily,  not  including  Sundays  and  holidays, 

overhauled   and   repaired   as   provided   in   said  order,   should   be   divided  between 

said    New   York    City   Railway    Company   or   its    said    Receivers,    and   the   Third 

Avenue  Railroad  Company,  or  Frederick  W.  Whitridge,   its  Receiver. 


An  Order,  being  Order  Number   179,  having  been   duly   made   by  the   Commission   on   December   30th, 

1907,  in  a  proceeding  entitled.  In  the  Matter  of  the  Hearing  on  the  Motion  of  the  Commission  on  the  ques- 
tion of  repairs,  improvements  and  additions  to  equipment  and  appliances,  including  rolling  stock,  of  the 
New  York  City  Railway  Company  and  of  Adrian  H.  Joline  and  Douglas  Robinson,  as  Receivers  of  said 
Company,  in  the  particulars  in  said  order  set  forth,  and  said  Adrian  H.  Joline  and  Douglas  Robinson  as 
said  Receivers  having  thereafter  and  on  the  4th  day  of  January,  1908,  notified  the  Commission  in  writing 
that  they  would  use  their  best  endeavors  to  obey  said  order,  and  thereafter  and  on  or  about  January  6th, 

1908,  an  order  having'been  made  by  Hon.  E.  Henry  Lacombe,  Circuit  Judge  of  the  United  States,  in  a  suit 
duly  instituted  in  the  United  States  Circuit  Court  for  the  Southern  District  of  New  York,  by  the  Central 
Trust  Company  of  New  York  against  the  Third  Avenue  Railroad  Company  and  others,  wherein  and  whereby 
one  Frederick  W.  Whitridge  was  appointed  Receiver  of  certain  property  whereof  said  Adrian  H.  Joline  and 
Douglas  Robinson  had  theretofore  been  the  Receivers,  and  the  question  having  arisen  as  to  how  the  duty 
imposed  under  said  order  of  the  Commission  should  be  divided  between  the  said  New  York  City  Railway 
Company  or  its   said   Receivers,   and  the   Third  Avenue  Railroad  Company  or  its  said  Receiver, 

IT  IS  HEREBY  ORDERED,  That  a  hearing  be  held  on  the  13th  day  of  February,  1908,  at  10.30 
o'clock  in  the  forenoon,  or  at  any  time  or  times  to  which  the  same  may  be  adjourned,  at  the  rooms  of  the 
Commission,  No.  154  Nassau  Street,  Borough  of  Manhattan,  City  and  State  of  New  York,  to  inquire  and 
determine  how  the  duty  imposed  under  said  order  of  the  Commission  should  be  divided  between  said  New 
York  City  Railway  Company  or  its  said  Receivers,  and  the  Third  Avenue  Railroad  Company  or  its  said  Re- 
ceiver; and  it  is 

FURTHER  ORDERED:  That  the  New  York  City  Railway  Company  and  its  said  Receivers,  and  the 
Third  Avenue  Railroad  Company  and  its  said  Receiver,  be  given  at  least  ten  days'  notice  of  such  hearing, 
by  service  upon  them,  personally  or  by  mail,  of  certified  copies  of  this  order,  and  that  at  such  hearing  they 
and  each  of  them  be  afforded  all  reasonable  opportunity  for  presenting  evidence  and  examining  and  cross- 
examining  witnesses  as  to  the  matters  aforesaid. 


STATE  OF  NEW  YORK        > 
COUNTY  OF  NEW  YORK  5     ' 

I,  Travis  H.  Whitney,  Secretary  of  the  Public  Service  Commission  for  the  First  District,  Do  Hereby 
Certify,  that  I  have  compared  the  above  with  the  original  Order  adopted  by  said  Commission,  January  31, 
1908,  and  that  it  is  a  correct  transcript  therefrom  and  of  the  whole  of  the  original. 

In  Testimony  Whereof,  I  have  hereunto  subscribed  my  hand  and  affixed  the  seal 
of  the   Commission  this  31st   day   of  January,    1908. 

TRAVIS  H.  WHITNEY, 
[Seal.]  Secretary. 


Order  234. 
Public  Service  Commission,  February  ist,  1908. 

154  Nassau  Street,  New  York  City. 
Gentlemen : 

I  beg  to  acknowledge  the  receipt  of  Order  for  Hearing  No.  234,  handed  to  me  by  your  mes- 
senger this  morning,  ordering  that  a  Hearing  be  held  on  the  13th  day  of  February  to  inquire 
mto  and  determine  how  the  duty  imposed  under  a  former  order  of  the  Commission,  should  be 
divided  between  the  New  York  City  Railway  Company  and  the  Third  Avenue  Railroad  Company 
or  Its  Receiver.  I  have  not  been  furnished  with  a  copy  of  the  previous  order  referred  to,  dated 
December  30th,  1907,  but  I  understand  that  it  relates  to  the  repairs  of  the  rolling  stock  of  the 
then  entire  Metropolitan  System. 

In  respect  to  the  Order  now  served  upon  me,  I  beg  to  say  that  I  shall  not  be  able  to  attend 
the  Hearing  on  the  13th  day  of  February,  but  I  desire  to  state  for  your  information  at  that  time, 
that  the  rolling  stock  of  the  Third  Avenue  Railroad  was  turned  over  to  me  in  a  shockingly  dilap- 
idated condition,  and  that  the  force  at  my  command  has  been,  and  will,  for  a  long  time  to  come, 
be  working  at  its  maximum  capacity  to  put  the  cars  of  the  Third  Avenue  Railroad  in  proper 
condition.  I  should  be  very  happy  if  the  Commission  would  do  me  the  favor  to  call  here  at  any 
time  in  the  morning,  in  order  that  I  may  show  them  exactly  what  is  being  done. 

Very  respectfully  yours. 


Receiver. 


Frederick  W.  Whitridge,  ^'^  ^^'^'  ^^'''"""'"^  4,   1908. 

Receiver  Third  Avenue  Railroad  Company, 
65th   Street  and  Third  Avenue,   City. 
Dear   Sir: 

I  enclose  herewith  a  certified  copy  of  Order  No.  i79.  which  imposes  upon  the  Receivers  of  the  New  York 
City  Railway  Company  certain  duties  with  respect  to  reports  upon  inspection  and  overhauling  of  cars.  Order 
No.  234  fixes  the  time  for  a  hearing  upon  which  the  question  of  dividing  these  duties  between  the  Receivers 
of  said  road  and  you,  as  Receiver  of  the  Third  Avenue   Railroad   Company,  may  be   considered. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
Enc.  Secretary. 

EMR/DMQ 


At  a  meeting  of  the  Public  Service  Commission  for  the  First  District,  held  at  its 
offices,  No.  154  Nassau  Street,  in  the  Borough  of  Manhattan,  City  and 
State  of  New  York,  on  the  30th  day  of  December,  1907. 


Present : 

William    R.    Willcox, 


Chairman ; 
William    McCarroll, 

Edward  M.  Bassett,  ^Commissioners. 

Milo  R.   Maltbie, 
John  E.  Eustis, 


In  the  Matter 

of  the 

Hearing  on  the  motion  of  the  Commission  on  the  question  of  repairs,  improve-  \  n  r1       N 
ments  and  additions  to  equipment  and  appliances,  including  rolling  stock,  of  the  ' 
NEW  YORK  CITY   RAILWAY   COMPANY  and  of  ADRIAN   H.   JOUNE 
and  DOUGLAS  ROBINSON,  as  Receivers  of  said  Company,  in  the  particulars 
hereinafter  set  forth. 

This  matter  coming  on  upon  the  report  of  the  hearing  duly  held  herein  on  the  21st  day  of  December, 
1907,  pursuant  to  an  order  of  the  Commission,  made  December  nth,  1907,  which  said  order  was  duly  served 
on  said  New  York  City  Railway  Company  and  on  said  Adrian  H.  Joline  and  Douglas  Robinson,  as  Re- 
ceivers of  said  Company,  on  the  nth  day  of  December,  1907,  which  said  service  was  thereafter  duly  ac- 
knowledged, and  said  hearing  having  been  held  by  and  before  the  Commission  on  the  matters  embraced 
and  specified  in  said  order.  Commissioner  Maltbie  presiding,  Mr.  Henry  H.  Whitman  appearing  for  the 
Commission,  and  no  one  appearing  in  behalf  of  said  New  York  City  Railway  Company  nor  in  behalf  of 
said  Adrian  H.  Joline  and  Douglas  Robinson,  as  Receivers  of  said  Company,  and  proof  having  been  duly 
taken  upon  said  hearing,  and  it  appearing  therefrom,  in  the  opinion  and  judgment  of  the  Commission,  that 
the  equipment,  appliances  and  devices  of  said  New  York  City  Railway  Company,  in  connection  with  the 
transportation  of  passengers  in  the  City  of  New  York,  are  unsafe,  improper  and  inadequate,  and  that  in  order 
to  promote  the  security  and  convenience  of  the  public  and  employees  of  said  company,  and  to  secure  ade- 
quate service  and  facilities  for  the  transportation  of  passengers  in  the  City  of  New  York,  the  repairs  here- 
inafter directed  ought  reasonably  to  be  made,  and  that  the  time  hereinafter  given  within  which  to  make  such 
repairs  and  improvements  is  reasonable, 

NOW,  on  motion  of  ABEL  E.   BLACKMAR,  Counsel   for  the   Commission,   it   is 

ORDERED,  that  the  cars,  operated  in  the  City  of  New  York,  of  said  New  York  City  Railway  Com- 
pany or  of  said  Receivers,  receive  a  thorough  inspection,  covering  car  bodies,  motor  and  electric  equipment, 
wiring  and  trucks,  and  that  said  cars  be  thoroughly  overhauled  and  repaired  so  that  when  completed  they 
and  each  of  them  shall  be  in  first-class  operating  and  substantially  new  condition,  having  safe,  proper  and 
adequate  car  bodies,  headlights,  pilot  fenders,  wiring,  brasses,  commutators,  field  coils  and  armature  wind- 
ings, trucks,  brakes,  controllers,  automatic  circuit  breakers,  resistance  axle  gear  wheels,  armature  pinions 
and  car  wheels ;  and  it  is  further 

ORDERED,  that  on  and  after  the  isth  day  of  February,  1908,  the  said  New  York  City  Railway  Com- 
pany or  its  Receivers,  turn  out  not  fewer  than  ten  of  said  cars  daily,  not  including  Sundays  and  legal  holidays, 
so  overhauled  and  repaired  as  aforesaid;  and  it  is  further 

ORDERED,  that  said  New  York  City  Railway  Company  or  its  said  receivers  notify  the  Commission 
daily  in  writing,  in  a  form  to  be  prescribed  by  the  Commission,  of  the  number  of  said  cars  so  turned  out 
as  aforesaid,  giving  the  identification  numbers  thereof,  and  when  and  where  the  same  are  to  be  tested;  and 
it  is  further 

ORDERED,  that  from  and  after  the  15th  day  of  February,  1908,  the  said  New  York  City  Railway  Com- 
pany or  its  said  Receivers  furnish  and  forward  daily  a  transcript  of  the  daily  entries  in  the  so-called  "run-in" 
book   or   books,    showing   among   other   things    which  of  said  cars  are  out  of  order;  and  it  is  further 

4 


ORDERED,  that  the  said  New  York  City  Railway  Company,  or  its  said  Receivers,  notify  this  Com- 
mission in  writing,  within  five  days  after  the  service  of  this  order,  whether  its  terms  are  accepted  and  will 
be   obeyed. 


Order  179. 

February  5th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary  Public  Service  Commission, 
154  Nassau  Street,  New  York. 

My  dear  Sir: 

I  have  yours  of  the  4th  instant  enclosing  to  me  certified  copy  of  the  Order  No.  179,  which 
is,  I  presume,  the  Order  referred  to  in  your  Order  for  Hearing  No,  234,  for  which  I  am  very 
much  obliged  to  you. 

I  am  afraid  that  the  last  paragraph  of  my  letter  to  you  of  February  ist  is  open  to  some  mis- 
conception. Of  course,  I  should  be  very  glad,  as  I  said,  if  the  Commission  would  do  me  the  favor 
of  calling  here  and  see  what  I  am  doing  and  trying  to  do,  but  I  beg  that  the  Commission  will 
not  think  that  I  shall  not  be  equally  happy  to  see  any  representative  that  it  may  choose  to  send. 
I  am  only  anxious  to  afford  the  Commission  every  possible  facility  for  seeing  that  we  are  doing 

everything  that  it  is  possible  for  us  to  do. 

Yours  very  truly. 

Receiver. 


New  York,  February  14,  1908. 
Frederick  W.   Whitridge,   Esq., 
59  Wall   Street, 
New  York  City. 

Dear    Sir : 

I  transmit  herewith  a  certified  copy  of  Order  No.  261  adopted  by  the  Commission  at  its  meeting  to-day. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 

Secretary. 
EMR/DMQ 


Tribune  Building.  154  Nassau  Street, 
Borough  of  Manhattan,  City  of  New  York. 
STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

Order  No.  261. 

RESOLVED:  That  the  THIRD  AVENUE  RAILROAD  CO.,  the  FORTY-SECOND  STREET,  MAN- 
HATTANVILLE  AND  ST.  NICHOLAS  AVENUE  R.  R.  CO.,  and  the  DRY  DOCK,  EAST  BROADWAY 
AND  BATTERY  R.  R.  CO.,  or  their  Receiver,  shall  use  the  following  form  in  reporting  the  cars  repaired 
and  ready  for  inspection,  as  provided  by  Order  260: 

S 


New  York  City, 

To  the   Public   Service  Commission  for  the  First  District, 
Bureau  of  Transportation, 
154    Nassau    Street, 
New  York  City. 

SIRS: 

We  hereby  notify  you  that  the  following  cars  have  been  overhauled  and  repaired  at car 

barn,  as  provided  in  Order  No.  260  of  your  Commission,  and  maybe  tested  at on  

(date) 
Cars    numbered    

(signed) 


At  a  Meeting  of  the  Public  Service  Commission  for  the  First  District,  held  at  its 
offices.  No.  154  Nassau  Street,  in  the  Borough  of  Manhattan,  City  and  State 
of  New  York,  on  the  14th  day  of  February,   1908. 


Present : 

William   R.   Willcox, 

Chairman ; , 
William  McCarroll, 
Edward   M.    Bassett, 
Milo  R.   Maltbie, 
John  E.  Eustis, 


Commissioners. 


In  the  Matter 

of  the 

Hearing  on  the  Motion  of  the  Commission  on  the  question  of  how  the  duty  im- 
posed under  an  order  of  the  Commission  made  December  30th,  1907,  directing 
the  NEW  YORK  CITY  RAILWAY  COMPANY,  or  ADRIAN  H.  JOI^INE 
and  DOUGLAS  ROBINSON,  its  Receivers,  on  and  after  February  15th,  1908, 
to  turn  out  not  fewer  than  ten  cars  daily,  not  including  Sundays  and  holidays, 
overhauled  and  repaired  as  provided  in  said  order,  should  be  divided  between 
said  New  York  City  Railway  Company,  or  its  said  Receivers,  and  the  Third 
Avenue  Railroad  Company,  or  Frederick  W.  Whitridge,  its  Receiver. 


^  Order  No.  260. 


This  matter  coming  on  upon  the  report  of  the  hearing  duly  held  herein  on  the  13th  day  of  February, 
1908,  pursuant  to  an  order  of  the  Commission  made  January  31st,  1908,  which  said  order  was  duly  served 
on  the  New  York  City  Railway  Company,  and  on  Adrian  H.  Joline  and  Douglas  Robinson,  as  Receivers  of 
said  Company,  on  the  ist  day  of  February,  1908,  and  on  the  Third  Avenue  Railroad  Company  and  on 
Frederick  W.  Whitridge,  as  Receiver  of  said  Company,  on  the  1st  day  of  February,  1908,  said  Frederick 
W.  Whitridge  having  been  thereafter  appointed  receiver  of  the  Dry  Dock,  East  Broadway  and  Battery 
Railroad  Company  and  of  the  Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway  Com- 
pany, said  two  last-mentioned  companies  having  theretofore  been  owned  or  controlled  by  said  Third  Avenue 
Railroad  Company,  which  said  service  was  thereafter  duly  acknowledged,  and  said  hearing  having  been  held 
by  and  before  the  Commission  on  the  matters  embraced  and  specified  in  said  order.  Commissioner  Maltbie 
presiding,  Mr.  Henry  H.  Whitman  appearing  for  the  Commission,  and  no  one  appearing  in  behalf  of  the 
said  New  York  City  Railway  Company,  nor  in  behalf  of  the  said  Adrian  H.  Joline  and  Douglas  Robinson 
as  Receivers  of  said  Company,  nor  in  behalf  of  the  Third  Avenue  Railroad  Company,  including  said  Dry 
Dock,  East  Broadway  and  Battery  Railroad  Company  and  said  Forty-second  Street,  Manhattanville  and 
St.  Nicholas  Avenue  Railway  Company,  nor  in  behalf  of  Frederick  W.  Whitridge,  their  Receiver,  and  proof 
having  been  duly  taken  upon  said  hearing,  and  it  appearing  therefrom,  in  the  opinion  and  judgment  of 
the  Commission,   that  the  order  heretofore  made  by  the   Commission   on   December   30th,    1907,   known    as 

6 


Order  No.  179,  should  stand  unchanged  and  unmodified  as  respects  the  New  York  City  Railway  Company, 
and  its  said  Receivers,  with  the  same  force  and  effect  as  if  said  Receivers  had  continued  to  be  and  now 
were  receivers  of  the  property  of  the  Third  Avenue  Railroad  Company,  of  the  Dry  Dock,  East  Broadway 
and  Battery  Railroad  Company  and  of  the  Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue 
Railway  Company;  and  it  further  appearing  in  the  opinion  and  judgment  of  the  Commission  that  the  equip- 
ment, appliances  and  devices  of  said  Third  Avenue  Railroad  Company,  said  Dry  Dock,  East  Broadway  and 
Battery  Railroad  Company  and  said  Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway 
Company  in  connection  with  the  transportation  of  passengers  in  the  City  of  New  York  are  unsafe,  improper 
and  inadequate,  and  that  in  order  to  promote  the  security  and  convenience  of  the  public  and  employees  of 
said  Company  and  to  secure  adequate  service  and  facilities  for  the  transportation  of  passengers  in  the  City 
of  New  York,  the  repairs  hereinafter  directed  ought  reasonably  to  be  made,  and  that  the  time  hereinafter 
given    within   which   to   make   such    repairs   and    improvements  is  reasonable. 

NOW,  on  motion  of  GEORGE  S.   COLEMAN,  ESQ.,  Counsel  for  the  Commission,  it  is 

ORDERED,  That  the  order  heretofore  made  by  the  Commission  on  December  30th,  1907,  known  as 
Order  No.  179,  shall  stand  unchanged  and  unmodified  as  respects  the  New  York  City  Railway  Company,  and 
its  said  Receivers,  with  the  same  force  and  effect  as  if  said  Receivers  had  continued  to  be  and  now  were 
Receivers  of  the  property  of  the  Third  Avenue  Railroad  Company,  of  the  Dry  Dock,  East  Broadway 
and  Battery  Railroad  Company  and  of  the  Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue 
Railway  Company ;  and  it  is  further 

ORDERED,  That  the  cars,  both  open  and  closed,  operated  in  the  City  of  New  York  by  the  said 
Third  Avenue  Railroad  Company,  and  said  Dry  Dock,  E^st  Broadway  and  Battery  Railroad  Company, 
and  said  Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway  Company,  or  of  said  Frederick 
W.  Whitridge,  their  Receiver,  receive  a  thorough  inspection,  covering  car  bodies,  motor  and  electric  equip- 
ment, wiring  and  trucks,  and  that  said  cars  be  thoroughly  overhauled  and  repaired,  so  that  when  completed 
they  and  each  of  them  shall  be  in  first-class  operating  and  substantially  new  condition,  having  safe,  proper 
and  adequate  car  bodies,  head-lights,  pilot  fenders,  wiring,  brasses,  controllers,  automatic  circuit  breakers, 
resistances,    axle    gear    wheels,    armature    pinions    and  car   wheels ;   and   it    is    further 

ORDERED,  That  on  and  after  the  2d  day  of  March,  1908,  the  said  Third  Avenue  Railroad  Company, 
and  the  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company,  and  the  Forty-second  Street,  Manhat- 
tanville and  St.  Nicholas  Avenue  Railway  Company,  or  their  said  Receiver  turn  out  not  fewer  than  three 
of  said  closed  cars  daily,  not  including  Sundays  and  legal  holidays,  so  overhauled  and  repaired,  and  that 
in  addition  the  said  Third  Avenue  Railroad  Company,  the  said  Dry  Dock,  East  Broadway  and  Battery 
Railroad  Company,  and  the  said  Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway  Com- 
pany, or  their  said  Receiver,  haye  all  of  their  said  open  cars  so  overhauled  and  repaired  on  or  prior  to  the 
1st  day  of  May,  1908.     It  is  further 

ORDERED,  That  the  said  Third  Avenue  Railroad  Company,  and  the  said  Dry  Dock,  East  Broadway 
and  Battery  Railroad  Company,  and  the  said  Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue 
Railway  Company,  or  their  said  Receiver,  notify  the  Commission  daily  in  writing,  in  a  form  to  be  prescribed 
by  the  Commission,  of  the  number  of  said  cars  so  turned  out  as  aforesaid,  giving  the  identification  numbers 
thereof,   and    stating   when   and    where   the    same   are  to  be  tested.     It  is  further 

ORDERED,  That  from  and  after  the  ist  day  of  March,  1908,  the  said  Third  Avenue  Railroad  Company, 
the  said  Dry  Dock,  E^st  Broadway  and  Battery  Railroad  Company,  and  the  said  Forty-second  Street, 
Manhattanville  and  St.  Nicholas  Avenue  Railway  Company,  or  their  said  Receiver,  furnish  and  forward 
daily  a  transcript  of  the  daily  entries  in  the  so-called  "runin"  book  or  books  showing,  among  other  things, 
which  of  said  cars  are  out  of  order.     It  is  further 

ORDERED,  That  said  New  York  City  Railway  Company,  or  its  said  Receivers,  and  the  said  Third 
Avenue  Railroad  Company,  the  said  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company,  and  the 
said  Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway  Company,  or  their  said  Receiver, 
notify  the  Commission  in  writing,  within  five  days  after  the  service  of  this  order,  whether  its  terms  arc 
accepted  and   will   be  obeyed. 

7 


February  17,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City; 

Dear  Sir: 

I  have  yours  of  the  14th  enclosing  a  certified  copy  of  Order  No.  261,  which  refers,  how- 
ever, to  Order  No.  260.  Perhaps  you  would  be  good  enough  to  send  me  a  copy  of  Order  No. 
260.     If  you  desire  me  to  do  anything  under  it,  I  have  not  yet  received  it. 

Yours  very  truly. 

Receiver. 


New  York,  February  i8th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  received  this  morning  your  Order  No.  260,  which  calls  upon  me  to  repair  on  and  after 
the  2d  day  of  March  three  closed  cars  daily,  and  in  addition  thereto  all  of  the  open  cars  belong- 
ing to  this  property — 182  in  number — prior  to  the  ist  of  May,  1908,  altogether  a  total  between 
now  and  the  ist  of  May,  of  362  cars.  I  venture  to  inquire  whether  this  is  not  an  error,  and 
whether  it  was  not  intended  to  order  that  the  repair  of  three  closed  cars  daily  should  begin  on 
May  2d  instead  of  March  2d. 

When  your  engineer  called  upon  me  I  told  him  that  it  seemed  to  me  wise  to  put  all  of  the 
open  cars  in  first-class  repair  in  time,  if  possible,  for  the  opening  of  the  Summer  season,  and 
thereafter  to  take  up  the  closed  cars  which  could  then  be  withdrawn  from  service,  and  by  that 
time,  we  thought  we  could  overhaul  them  at  the  rate  of  two  or  three  a  day,  and  in  the  mean- 
time we  could  only  repair  them  temporarily.  We  understood  him  to  assent  to  this  programme, 
and  I  am  therefore  surprised  at  the  terms  of  Order  No.  260. 

I  have  been  in  charge  of  the  Third  Avenue  property  just  five  weeks,  and  of  the  other  two 
properties  a  fortnight.  I  found  the  condition  of  the  rolling  stock  deplorable.  As  I  have  already 
told  you,  it  was  not  necessary  to  take  evidence  as  to  the  bad  condition  of  the  cars.  It  was 
obvious  and  adrnitted.  I  had  already  communicated  with  the  Court  a  week  or  more  ago  as  to 
the  necessity  of  purchasing  new  cars,  and  with  the  car-builders  as  to  the  prices,  terms  and 
times  of  delivery,  and  I  expect  this  week  to  obtain  authority  to  purchase  75  cars,  and  to  have 
perfected  the  arrangements  to  get  the  money  to  pay  for  them.  The  delivery  of  these  cars  will 
begin  30  days  from  the  date  of  the  contract. 

The  complete  overhauling  and  repair  of  the  cars,  required  by  you,  and  by  the  cars  them- 
selves, is  practically  a  reconstruction.  To  do  this  I  have  contracted  for  50  new  motors  of  the 
most  modern  type,  and  certain  other  electrical  equipment  costing  together  over  $100,000,  all  of 
which  had  been  ordered  before  the  receipt  of  your  Order  No.  260,  and  would  have  been  ordered 


as  soon  as  I  was  appointed  had  I  not  felt  it  my  duty  to  take  time  to  acquire  a  little  knowledge 
of  the  property  and  questions  with  which  I  had  to  deal,  before  directing  the  very  large  expendi- 
ture I  have  now  incurred.  In  respect  to  the  motors,  I  also  thought  it  desirable  to  discuss  with 
the  makers  and  electricians  the  best  type  of  motor  and  to  get  bids  from  the  various  builders, 
and  although,  as  I  say,  the  order  has  been  placed,  the  manufacturers  will  not  even  begin  to 
deliver  these  motors  until  six  weeks  from  this  date.  In  addition  to  these  matters,  a  large  part 
of  the  electrical  repairs  consists  of  the  winding  of  armatures  and  other  work  for  which  the  shop 
under  my  control  was  not  equipped.  The  necessary  machinery  and  material,  costing  over  $20,ckx>, 
was  ordered  as  soon  after  I  took  possession  as  possible,  and  is  being  furnished,  but  is  not  yet 
all  received.  It  is  necessary  also  to  change  the  direction  of  the  tracks  in  the  shop  so  that  they 
will  run  with  the  length  of  the  building,  in  order  to  accommodate  the  larger  cars,  and  it  is 
further  essential  to  put  in  a  turn-table  to  get  the  cars  on  the  tracks  and  to  expedite  the  work. 
Altogether  the  shop  itself  cannot  be  completed  for  some  weeks,  and  it  is  to  be  remembered  that 
neither  the  42d  Street  nor  the  Dry  Dock  Railway  Companies  have  any  shops  at  all — all  the 
work  has  to  be  done  at  65th  Street. 

Under  these  circumstances  it  appears  to  me  that  if  your  Order  No.  260  really  means  that 
3^ou  expect  me  not  only  to  put  our  open  cars  in  good  order  before  May  ist,  but  also  contem- 
poraneously to  repair  three  closed  cars  daily,  i.  e.,  with  the  as  yet  inadequate  Third  Avenue  shop 
to  do  more  than  half  as  much  work  as  you  demanded  of  the  whole  Metropolitan  System  when 
it  included  the  Third  Avenue,  you  are  asking  me  to  perform  what  I  presume  to  say  to  you  is  a 
physical  and  commercial  impossibility. 

If  you  have  anybody  on  your  staff  who  can  show  us  how  to  get  material  before  the  manu- 
facturers will  agree  to  furnish  it,  and  who  can  turn  out  360  cars  in  this  Third  Avenue  shop  be- 
tween now  and  the  ist  of  May,  I  will  pay  him  any  salary  you  will  fix,  to  take  charge  of  the  job 
until  that  date ;  otherwise,  I  am  obliged  to  say  to  you  that,  with  the  best  will  in  the  world,  I  can- 
not comply  with  Order  No.  260.  The  only  thing  I  can  say  is,  that  to  the  extent  of  my  capacity, 
I  shall  be  only  too  glad  to  come  as  near  to  the  terms  of  that  order  as  possible. 

Yours  truly, 

Receiver. 


New  York,  February  29th,  1908. 
Mr.  Frederick  W.  Whitridge,  Receiver, 
Third  Avenue  Railroad  Co., 

65th   Street  and  Third  Avenue, 
New  York  City. 

Dear  Sir: 

I  am  directed  by  the  Commission  to  reply  to  your  letter  of  February  i8th,  and  to  state  that  the  require- 
ments of  Order  No.  260  are  in  accord  with  the  evidence  presented  at  the  hearing  prior  to  the  adoption  of 
the  order.  You  will  recall  that  notice  was  served  upon  j'ou  of  the  hearing  held  upon  February  13th,  thereby 
giving  you  an  opportunity  to  place  before  the  Commission  such  information  as  you  had  and  wished  to  pre- 
sent regarding  the  overhauling  and  repairing  of  your  rolling  stock,  which  you  state  was  in  "deplorable" 
■condition.  As  you  did  not  appear  and  as  no  one  appeared  representing  you,  the  evidence  given  by  Mr. 
McLimont,  who  examined  your  property  and  who  reported  upon  the  facilities  at  your  disposal  and  the  time 
within  which  the  work  could  reasonably  be  accomplished,  stood  uncontradicted. 


If  you  desire  a  rehearing  upon  the  order  under  Section  22  of  the  Public  Service  Commission  Law,  an 
application  for  such  a  rehearing  will  be  considered  and  undoubtedly  granted,  as  the  Commission  has  so  far 
granted  a  rehearing  whenever  an  application  has  been  made.  Unless  such  rehearing  is  requested,  the  order 
as  originally  issued  naturally  remains  in  force. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 

Secretary. 
MRM/EMH 


New  York,  March  2d,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  PubHc  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  29th  ult.,  in  which  you  inform  me  that  the  requirements  of  your  Order 
No.  260,  which  call  upon  me  to  reconstruct  six  cars  a  day  between  now  and  the  first  of  May, 
remain  in  force,  notwithstanding  my  letter  to  you  of  February  i8th,  in  which  I  set  forth  the 
difficulties  of  my  position  and  the  various  reasons  why  I  could  not  comply  with  that  Order.  I 
should  suppose  that  the  information  contained  in  that  letter  would  be  sufficient,  if  the  Commission 
desires  to  make  any  order  in  the  premises,  to  enable  them  to  conform  the  Order  to  the  situation 
as  it  here  exists.     I  regret  that  that  is  apparently  not  the  case. 

I  cannot  add  anything  to  that  letter,  nor  can  I  retract  any  statement  made  in  it.  I  will  send 
a  copy  of  it  to  the  manufacturers  of  the  motors,  which  may  possibly  hasten  them  in  supplying 
the  same,  otherwise  I  can  think  of  nothing  which  I  can  possibly  do.  While  I  take  notice  of 
your  statement  that  the  order  remains  in  force,  I  should  be  much  obliged  if  you  would  permit 
me,  with  great  respect,  to  repeat  my  statement  to  you — that  I  cannot  comply  with  it,  because  it 
asks  or  commands  me  to  do  what  is  impossible,  and  I  repeat,  in  all  seriousness,  my  statement 
to  you  that — if  you  have  anybody  on  your  staff  who  can  do  the  work  you  direct  to  be  done,  I 
will  pay  him  any  salary  you  may  fix  to  take  charge  of  the  job. 

Yours  truly. 

Receiver. 


New  York,  March  5th,  1908. 
Frederick  W.   Whitridge,   Esq., 

Receiver,  The  Third  Avenue  Railroad  Company, 
65th  Street  and  Third  Avenue, 
Manhattan. 

Dear  Sir : 

Receipt  is  hereby  acknowledged  of  your  communication  of  March  2d  with  regard  to  Order  No.  260, 
concerning  the  reconstruction  of  cars.     Your  letter  will  have  the  consideration  of  the  Commission. 

Yours   very  truly, 

TRAVIS  H.  WHITNEY, 

_„  Secretary. 

JET/RW 

10 


Orders  260  and  261. 

March  6th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir : 

I  have  yours  of  the  5th  referring  to  my  communication  of  the  2d  in  respect  to  Order  No.  260. 

Further  replying  thereto,  I  beg  to  say  that  I  find  that  the  carpenter  work  on  90  of  the 
182  open  cars  has  now  been  completed  and  the  painting  is  going  on  as  rapidly  as  possible.  I  am 
advised  that  I  now  have  all  the  force  employed  for  these  purposes,  that  can  be  prudently  em- 
ployed, without  overcrowding  the  car  bams  and  increasing  the  danger  of  fire.  In  respect  to 
the  wiring,  circuit  breakers,  controllers  and  other  electrical  apparatus,  very  little  progress  has 
been  made,  because  the  material,  which  was  ordered  as  soon  as  I  took  charge,  has  only  this 
week  begun  to  arrive.  The  trucks  and  motors  which  were  also  then  ordered  have  none  of  them 
yet  begun  to  arrive,  but  as  we  told  Mr.  McLimont  when  he  called,  that  notwithstanding  all 
these  disadvantages,  we  hoped  to  finish  all  the  open  cars  and  turn  them  out  to  your  satisfac- 
tion by  May  ist. 

Very  respectfully  yours, 

Receiver. 


Tribune  Building,   154  Nassau   Street, 
Borough  of  Manhattan,  City  of  New  York. 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


BOARD  OF  ALDERMEN, 

Complainants, 

against 

DRY  DOCK,  EAST  BROADWAY  &  BATTERY  RR.  CO.  and  FREDERICK  )  ^^jj^f 'X*  ^"^^^ 
W.  WHITRIDGE,  its   Receiver, 

Defendants. 


"Unsanitary   condition   of    horse-cars — Canal    Street   Line." 


This  matter  coming  on  upon  the  complaint  of  the  Board  of  Aldermen,  by  which  it  appears  that  said 
complainants  are  aggrieved  by  acts  done  or  omitted  to  be  done  by  the  Dry  Dock,  East  Broadway  and  Bat- 
tery Railroad  Company,  said  defendants,  and  set  forth  in  said  complaint,  which  are  claimed  to  be  in  violation 
of  some  provision  of  law  or  of  the  terms  and  conditions  of  defendants'  franchise  or  of  an  order  of  this 
Commission, 

II 


NOW,  upon  said  complaint,  it  is 

ORDERED:  that  a  copy  of  the  said  complaint  be  forwarded  to  said  defendants  and  that  the  matters 
therein  complained  of  be  satisfied  or  the  charges  in  said  complaint  set  forth  be  answered  by  said  defendant 
within  ten   (lo)   days  after  service  upon  it  of  this  order,  exclusive  of  the  day  of  service. 

Resolution  adopted  by  the  BOARD  OF  ALDERMEN,  February  i8,  1908. 

WHEREAS,  the  surface  cars  operated  by  horse  power  through  various  streets  from  the  East  River 
to  and  on  Canal  Street  and  thence  through  other  streets  to  the  North  River,  in  the  Borough  of  Manhattan, 
are  unclean,  filthy,  and  a  menace  to  the  health  of  the  many  who  are  compelled  to  use  them;  and 

WHEREAS,  in  addition  to  the  unsanitary  condition  of  these  cars,  the  uneven  headway  under  which 
they  are  run  and  the  slowness  with  which  they  move  make  their  operation  a  travesty  on  the  transportation 
accommodations  of  the  great  City  of  New  York  and  displays  an  indecent  regard  for  the  rights  of  the  people 
by  a  public  service  corporation;  therefore, 

RESOLVED:  That  the  attention  of  the  Public  Service  Commission  of  the  First  District  be  and  hereby 
is  respectfully  directed  to  those  unwholesome  conditions,  with  the  urgent  request  that  action  be  taken  at 
once  to  remedy  the  evils  from  which  the  people  using  these  cars  now  suflFer. 


February  28th,  1908. 
Travis  H.  Whitney,  Esq.,     - 

Secretary,   Public   Service   Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  yours  of  the  25th  enclosing  a  complaint  of  the  honorable  Board  of  Aldermen  of  this 
town.  I  have  directed  the  Manager  of  this  property  to  give  the  matter  immediate  attention  and 
hope  that  the  conditions  complained  of  will  be  remedied  forthwith. 

I  trust,  however,  that  the  honorable  Board  of  Aldermen  will  consider  that  "the  unclean,  im- 
healthy  and  menacing"  conditions  of  which  they  complain,  are  largely  caused  by  the  personal 
habits,  sanitary  conditions  and  manners  of  the  people  who  are  carried  on  the  cars,  and  I  should 
be  happy  to  co-operate  with  them  in  any  device  which  they  may  suggest,  including  free  baths 
on  our  routes,  for  remedying  those  conditions. 

I  am  even  prepared  to  admit  that  the  operation  of  the  cars  may  be  "a  travesty  on  the 
transportation  accommodations  of  the  great  City  of  New  York,"  although  it  is  possible  that  the 
slowness  complained  of  is  because  of  our  inability  to  purchase  faster  horses,  and  because  also 
of  the  fact  that  the  streets  are. not  kept  free  for  the  sole  use  of  these  cars. 

I  can  quite  understand  also  why  the  honorable  Board  of  Aldermen  consider  that  these  things 
display  "an  indecent  regard  for  the  rights  of  the  people,"  but  it  would  be  more  accurate  to  say 
— an  impecunious  regard. 

In  short,  I  hope  to  improve  these  conditions  as  fast  as  the  money  can  be  obtained  therefor. 

Yours  truly, 

Receiver. 
12 


Order  287. 

March  6th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
No.  154  Nassau  Street,  New  York  City. 

Dear  Sir: 

Referring  to  your  letter  of  the  25th,  enclosing  Order  No.  287  and  the  Resolution  of  the 
Board  of  Aldermen,  I  have  to  say  that,  on  the  day  complained  of,  there  was  snow  on  the  ground 
and  the  floors  of  the  cars  were  necessarily  dirtied  by  the  people  entering.  I  have  also  to  say  that 
about  a  year  ago,  all  of  the  cars  of  this  Road  were,  on  the  complaint  of  the  Borough  President, 
thoroughly  overhauled  and  repaired  and  new  carpets  put  on  the  seats.  Each  of  these  cars  is 
cleaned  every  night,  thoroughly  washed  every  third  day,  and  in  addition  washed  with  a  solution 
of  carbolic  acid  once  a  week.  I  have  now  ordered  them  to  be  washed  daily  and  the  strength  of 
the  carbolic  solution  to  be  doubled. 

The  cars  are  old  and  are  being  renewed  as  rapidly  as  possible,  but,  with  the  exception  of  the 
carpets  on  the  seats,  they  are  reported  to  be  in  as  good  condition  as  possible,  considering  their 
age. 

We  have  several  cars  now  in  the  shops,  the  repairs  or  reconstruction  of  which  are  nearly 
finished,  which  will  be  in  service  within  a  week  or  two.  If  there  is  anything  else  we  can  do  to 
improve  the  service,  within  our  means,  we  shall  be  happy  so  to  do. 

Very  respectfully  yours, 

Receiver. 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter 

of  the 

Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  whether 
the  Order  heretofore  made  by  the  Commission  on  February  14,  1908,  known 
as  Order  Number  260,  directing  the  THIRD  AVENUE  RAILROAD  COM- 
PANY, DRY  DOCK,  EAST  BROADWAY  &  BATTERY  RAILROAD  COM- 
PANY and  the  FORTY-SECOND  STREET,  MANHATTANVILLE  &  ST. 
NICHOLAS  AVENUE  RAILWAY  COMPANY,  OR  FREDERICK  W. 
WHITRIDGE,  their  Receiver,  to  turn  out  not  fewer  than  three  closed  cars 
daily,  not  including  Sundays  and  holidays,  overhauled  and  repaired  as  provided 
in  said  order,  and  also  to  have  all  of  their  open  cars  so  overhauled  and  re- 
paired on  or  prior  to  the  ist  day  of  May,  1908,  should  be  modified  in  any 
respect  because  of  lack  of  materials  or  facilities. 


^Hearing  Order 
Number  341 


WHEREAS,   a   certain   order   was   heretofore   made  by  the  Commission  on  February  14,   1908,  known 
as  Order  Number  260,  directing  the  Third  Avenue  Railroad    Company,   the    Dry   Dock,   East    Broadway   & 

13 


Battery  Railroad  Company,  and  the  Forty-second  Street,  Manhattanville  &  St.  Nicholas  Avenue  Railway 
Company,  or  Frederick  W.  Whitridge,  their  Receiver,  on  and  after  March  2,  1908,  to  turn  out  not  fewe: 
than  three  closed  cars  daily,  not  including  Sundays  and  holidays,  overhauled  and  repaired  as  provided  ii 
said  order,  and  also  to  have  all  of  their  open  cars  so  overhauled  and  repaired  on  or  prior  to  the  ist  day  o; 
May,  1908;  and 

WHEREAS,  said  Frederick  W.  Whitridge,  as  such  Receiver,  claims  that  because  of  lack  of  material: 
and  facilities  he  is  unable  to  obey  said  order  or  a  certain  part  thereof: 

NOW  THEREFORE,  IT  IS 

ORDERED,  that  a  hearing  be  held  on  the  i8th  day  of  March,  1908,  at  10.30  o'clock  in  the  forenoon,  o; 
at  any  time  or  times  to  which  the  same  may  be  adjourned,  at  the  rooms  of  the  Commission,  Number  15. 
Nassau  Street,  Borough  of  Manhattan,  City  and  State  of  New  York,  to  inquire  whether  said  Order  Numbe 
260  should  be  modified  in  any  respect:  and  it  is  further 

ORDERED,  that  the  Third  Avenue  Railroad  Company,  the  Dry  Dock,  East  Broadway  &  Battery  Rail 
road  Company,  and  the  Forty-second  Street,  Manhattanville  &  St.  Nicholas  Avenue  Railway  Company,  o 
Frederick  W.  Whitridge,  their  Receiver,  be  given  at  least  three  days'  notice  of  such  hearing  by  servic( 
upon  them  personally  or  by  mail  of  a  certified  copy  of  this  order,  and  that  at  such  hearing  they  be  afforde( 
all  reasonable  opportunity  for  presenting  evidence  and  examining  and  cross-examining  witnesses  as  to  th( 
inatters  aforesaid. 


Order  341. 

New  York,  March  17th,  1908. 

Travis  H.  Whitney,  Esq., 

Secretary,  PubHc  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  beg  to  acknowledge  receipt  of  paper  from  you  entitled  "Hearing  Order  No.  341,"  direct 
ing  that  a  hearing  be  held  on  the  i8th  day  of  March  to  inquire  whether  Order  No.  260,  whicl 
directed  me  to  repair  six  cars  a  day  between  the  2nd  of  March  and  the  ist  day  of  Ma}' 
should  be  modified  in  any  respect.  I  have  to  say  in  respect  thereto  that  I  have  nothing  whicl 
I  can  add  to  the  statements  heretofore  made  by  me  in  reference  to  that  Order  in  my  letter 
of  February  i8th  and  March  2nd.  I  have  also  to  say  that,  at  the  present  time,  the  woodworl 
has  been  completed  on  104  cars,  36  cars  have  been  repainted  and  varnished,  17  cars  have  beei 
equipped  with  trucks  and  motors  and  the  re-wiring  has  been  completed  on  18  cars.  The  installa 
tion  of  circuit  breaker  boxes  has  not  yet  been  completed,  as  the  material  has  not  yet  arrived. 

I  may  add  that,  if  the  Commission  desire  to  examine  any  of  my  employees  as  to  details  o 
any  of  the  statements  I  have  made  in  my  above  mentioned  letters,  I  shall  be  glad  if  the; 
would  kindly  indicate  their  wish,  to  direct  such  employees  to  attend  whenever  convenient  t( 
the  Commission.  Perhaps  it  would  also  assist  you  if  you  would  again  send  your  engineer  to  ex 
amine  this  shop  with  special  reference  to  the  facilities  it  affords  for  the  repair  of  cars,  and  i 
he  will  come  when  I  am  here  I  think  it  will  be  as  obvious  to  him  as  it  is  to  me  and  m; 
General  Manager,  Engineer  and  foreman,  that  we  cannot  do  what  you  have  heretofore  ordere( 
me  to  do. 

14 


I  should  also  add  that  your  Mr.  Wilder  called  here  upon  Wednesday  of  last  week  to  in- 
spect a  car  which  we  had  completed  and  in  which  we  had  incorporated  some  changes  suggested 
by  him.  Mr.  McWhirter  is  under  the  impression  that  Mr.  Wilder  congratulated  him  upon  the 
work  on  this  car  and  we  understood  that  he  was  to  write  us  confirming  the  statement  he  then 
made — that  the  car  was  entirely  satisfactory,  so  that  we  might  be  sure  about  the  work  on  the 
other  cars.    No  such  letter  has  yet  been  received. 

Yours  truly, 

Receiver. 

Order  302. 

New  York,  March  3,  1908. 
Frederick  W.  Whitridge,  Esq., 

Receiver  of  the  Forty-second  St.,  Manhattanville  &  St.  Nicholas  Ave.  R.R., 
177  Manhattan  St.,  N.  Y.  C. 

Dear  Sir: 

Herewith  is  transmitted  a  duly  certified  copy  of  Order  No.  302  of  this  Commission  upon  the  complaint 
of  James  H.  Canfield,  Librarian  of  Columbia  University,  New  York  City,  in  the  matter  of  lack  of  heat  on 
Broadway  car. 

Rule  VIII.  adopted  by  the  Public  Service  Commission  requires  the  original  answer  to  be  filed  with  the 
Secretary  of  the  Commission  at  its  office  within  the  time  specified,  and  a  copy  thereof  at  the  same  time  be 
served  personally  or  by  mail   upon  the  complainant,   and  the  Commission  so  notified. 

The  answer  must  specifically  admit  or  deny  the  material  allegations  of  the  complaint,  and  also  set  forth 
the  facts  which  will  be  relied  upon  to  support  any  such  denial.  If  satisfaction  is  made  before  answering, 
a  written  acknowledgment  thereof  by  the  complainant  must  be  filed. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
Secretary. 
EMR/DMQ 

Tribune  Building,  154  Nassau  Street, 
Borough  of  Manhattan,  City  of  New  York. 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


JAMES  H.  CANFIELD, 

Complainant, 


Complaint  Order 
*"     No.  302. 


against 

FORTY-SECOND  STREET,  MANHATTANVILLE  AND  ST.  NICHOLAS 

AVENUE  RAILROAD  COMPANY,  and  FREDERICK  W.  WHITRIDGE, 

its  Receiver, 

Defendants. 

"Lack  of  heat  on  Broadway  car." 

. J 

This  matter  coming  on  upon  the  complaint  of  James  H.  Canfield,  Columbia  University,  New  York 
City,  by  which  it  appears  that  said  complainant  is  aggrieved  by  acts  done  or  omitted  to  be  done  by  the 
Forty-second   Street,   Manhattanville   and   St.   Nicholas   Avenue   Railroad   Company  or   Frederick   W.   Whit- 

15 


ridge,  its  Receiver,  said  defendants,  and  set  forth  in  said  complaint,  which  are  claimed  to  be  in  violation  of 
some  provision  of  law  or  of  the  terms  and  conditions  of  defendants'  franchise  or  of  an  order  of  this  Com- 
mission, 

NOW,  upon  said  complaint,  it  is 

ORDERED :  that  a  copy  of  the  said  complaint  be  forwarded  to  said  defendants,  and  that  the  matters 
therein  complained  of  be  satisfied  or  the  charges  in  said  complaint  set  forth  be  answered  by  said  defend- 
ants within  ten   (lo)  days  after  service  upon  it  of  this  order,  exclusive  of  the  day  of  service. 


Columbia  University 

in  the  City  of  New  York, 

Library. 

James  H.  Canfield, 

Librarian. 

Feb.  28,   1908. 
Mr.  Milo  R.   Maltbie,  Commissioner, 
Public  Service  Commission, 

Tribune  Building,  New  York. 

Dear  Mr.  Maltbie: 

Broadway  car  passing  72nd  St.  Subway  Station,  going  north,  at  8.30  this  morning,  conductor  No.  1148, 
had  no  heat — although  the  thermometer  at  that  hour  and  in  that  vicinity  showed  20  and  22.  There  were 
many  school  children  on  the  car,  who  with  other  passengers  seemed  to  be  absolutely  suffering. 

I  referred  the  matter  to  the  conductor,  who  at  first  said  he  thought  heat  was  on.  Then  I  insisted 
on  his  examining  the  radiators,  when  he  said  he  thought  there  was  a  little  on.  To  this  I  protested  and  he 
went  over  them  once  more  and  said :  "Guess  the  inspector  has  forgotten  to  turn  it  on.  This  is  not  my 
business  anyway,  you  know.     I  am'  not  expected  to  meddle   with   the   heat.     The   inspectors   care   for   that." 

As  I  left  the  car,  opposite  the  Ii6th  St.  Subway  Station,  for  my  office,  he  remarked  again  that  he 
had  nothing  to  do  with  the  heat,  that  the  car  was  very  cold,  and  that  if  he  meddled  with  it  at  all  he  would 
probably  be  immediately  discharged. 

Cordially  yours, 

(Signed)   JAMES  H.   CANFIELD. 


177  Manhattan  St., 
New  York,  March  7th,  1908. 
Boulevard. 
Mr.  Edward  A.  Maher, 
General  Manager. 

Dear  Sir: 

In  regard  to  the  attached  complaint  made  by  Mr.  J.  A.  Canfield,  Librarian  of  Columbia  University,  to 
the  Public  Service  Commission,  stating  that  on  February  28th,  '08,  he  boarded  a  car  at  72nd  St.  and  found 
same  to  be  unheated. 

Conductor  Robert  Faulkner,  No.  1148,  says  that  the  gentleman  boarded  his  car.  No.  2130,  and  when 
he  went  to  collect  his  fare  the  gentleman  complained  that  there  was  no  heat  in  car.  Conductor  exam- 
ined the  heaters  and  told  the  gentleman  that  there  was  heat  on,  the  heat  being  turned  on  two  points,  that 
being  the  order  issued  at  that  time. 

Conductor  also  told  the  gentleman  that  he  was  not  allowed  to  interfere  with  the  heating  apparatus, 
but  would  notify  the  inspector  or  starter,  and  he  did  notify  the  starter,  who  found  that  the  heat  was  on  two 
points,   as   stated.     Car  was  examined   and  heating  apparatus  was  found  O.  K. 

Respectfully, 

A.   SUYDSTRUP, 
Superintendent. 

r6 


March  9,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  PubHc  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

Referring  to  your  letter  of  March  3rd,  in  respect  to  the  complaint  of  Jas.  A.  Canfield,  I 
beg  herewith  to  enclose  a  report  in  respect  to  the  facts  in  that  matter,  and  a  copy  of  the  letter 
which  I  have  written  to  Mr.  Canfield. 

Yours  truly, 

Receiver. 
Enclosures:  2 


March  9th,  1908. 
James  A.  Canfield,  Esq., 

Librarian,  Columbia  University, 

New  York  City. 

Dear  Sir: 

Referring  to  your  complaint  to  the  Public  Service  Commission,  I  beg  herewith  to  enclose 
to  you  copy  of  report  of  the  Superintendent  of  the  42d  Street  Road,  in  respect  to  the  matter, 
which,  allowing  for  differences  in  forms  of  speech,  confirms  your  statement.  You  can  readily 
understand  that  it  would  not  do  for  the  conductors  to  be  allowed  to  deal  with  the  heaters,  the 
inspector  or  starter  must  do  that. 

I  have  instructed  the  latter  to  be  more  careful  in  future,  and  I  hope  there  will  be  no  occa- 
sion for  you  to  complain  further  in  reference  to  this  matter. 

Yours  very  truly. 

Receiver. 
Enclosure:  i 


t7 


Order  No.  365. 

At  a  meeting  of  the  PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST 
DISTRICT,  held  at  its  Office,  No.  154  Nassau  Street,  in  the  Borough 
of  Manhattan,  City  and  State  of  New  York,  on  the  24th  day  of 
March,  1908. 


Present: 

William  R.  Willcox, 

Chairman; 
Edward  M.  Bassett, 
Milo  R.   Maltbie. 


Commissioners. 


In  the  Matter 

of  the 

Hearing  on  the   Motion  of  the  Commission  on  the   Question  of  whether  the 

Order  heretofore  made  by  the  Commission  on   February   14,   1908,  known  as 

Order  No.  260,  directing  the  THIRD  AVENUE   RAILROAD   COMPANY, 

DRY  DOCK,   EAST   BROADWAY  AND   BATTERY    RAILROAD   COM- 

PANY   and  the  42ND   STREET,   MANHATTANVILLE  AND   ST.   NICH-  r  Order  No.  365. 

OLAS  AVENUE  RAILWAY  COMPANY,  or  Frederick  W.  Whitridge,  their 

Receiver,  to   turn  out  not  fewer   than  three  closed  cars   daily,  not  including 

Sundays  and  holidays,  overhauled  and  repaired,  as  provided  in  said  Order,  and 

also  to  have  all  their  open  cars   so  overhauled  and  repaired   on   or  prior  to 

the  1st  day  of  May,  1908,  should  be  modified  in  any  respect  because  of  lack  of 

materials  or  facilities. 


An  order,  known  as  No.  260,  having  been  duly  made  by  the  Commission  on  February  14,  1908,  directing, 
among  other  things,  the  Third  Avenue  Railroad  Company;  Dry  Dock,  East  Broadway  and  Battery  Railroad 
Company,  and  the  42d  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway  Company,  or  Frederick  W. 
Whitridge,  their  receiver,  to  turn  out  not  fewer  than  three  closed  cars  daily,  not  including  Sundays  and 
holidays,  overhauled  and  repaired  as  provided  in  said  order,  and  also  to  have  all  their  open  cars  so  overhauled 
and  repaired  on  or  prior  to  May  i,  1908,  and  thereafter  a  certain  order  known  as  Order  No.  341,  having 
been  made  by  the  Commission  on  March  13,  1908,  directing  that  a  hearing  be  held  on  the  question  of  whether 
said  order  No.  260  should  be  modified  in  any  respect,  and  said  order  having  been  duly  served  on  said 
Frederick  W.  Whitridge,  as  said  receiver,  on  March  14,  1908,  and  said  hearing  having  been  duly  had  in 
pursuance  thereof,  and  in  pursuance  of  adjournments,  on  March  21,  1908,  Commissioner  Maltbie  presiding, 
Mr.  Henry  H.  Whitman  appearing  as  counsel  for  the  Commission,  Mr.  Edward  A.  Mahar,  General  Man- 
ager for  said  Frederick  W.  Whitridge,  as  said  receiver,  having  attended  at  said  hearing,  and  it  appearing 
in  the  opinion  and  judgment  of  the  Commission  that  because  of  lack  of  materials  and  facilities  said 
order  No.  260  ought  reasonably  to  be  modified  as  hereinafter  provided;   it   is 

ORDERED:  that  the  Third  Avenue  Railroad  Company;  Dry  Dock,  East  Broadway  and  Battery  Rail- 
road Company,  and  the  42nd  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway  Company,  and  Frederick 
W.  Whitridge,  their  Receiver,  overhaul  and  repair,  as  provided  in  said  order,  on  or  before  May  31,  1908, 
all  of  their  open  cars,  and  also  that  they  overhaul  and  repair,  as  provided  in  said  Order,  on  or  before 
May  31,  1908,  so  many  of  their  closed  cars  as  are  required  for  use  during  the  summer  months,  and  also 
that  they  overhaul  and  repair,  as  provided  in  said  order  on  or  before  September  20,  1908,  all  of  their 
remaining  closed  cars ;  and  it  is  further 

ORDERED:  that  except  as  hereinbefore  expressly  modified,  said  Order  No.  260  stand  unchanged  and 
unmodified  as  respects  said  Third  Avenue  Railroad  Company;  Dry  Dock,  East  Broadway  and  Battery  Rail- 
road Company  and  the  42nd  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway  Company,  and  their 
said  Receiver ;  and  it  is  further 

ORDERED,  that  the  Third  Avenue  Railroad  Company;  Dry  Dock,  East  Broadway  and  Battery 
Railroad  Company  and  the  42nd  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway  Company,  or 
their  said  Receiver,  notify  the  Commission  in  writing  within  five  days  after  the  service  of  this  order 
whether  its  terms  are  accepted  and  will  be  obeyed. 

18 


Order  365. 

New  York,  March  26,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  received  from  you  a  paper  entitled  Order  No.  365,  in  respect  to  the  repair  of  cars 
on  the  Third  Avenue  Railroad.  I  have  already  informed  you  of  the  difficulties  which  had  to 
be  overcome  in  our  work  of  repairing  cars,  and  I  have,  in  reply  to  your  several  communica- 
tions an<i  Orders  in  reference  to  this  subject,  dated  February  14th,  February  29th,  March  5th 
and  March  13th,  assured  you  that  it  was  my  intention  to  carry  on  the  work  of  repairing  the 
cars  as  rapidly  as  possible. 

So  far  as  I  can  judge,  your  present  order  is  one  which  we  shall  be  able  to  comply  with, 
or  pretty  nearly. 

Yours  very  truly. 

Receiver. 


Order  397. 
STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


In  the  Matter 

of  the 

Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  Improvement  \  Qrder^No  ^•Toy"^ 
in  and  Addition  to  the  Service  of  the  DRY  DOCK,  EAST  BROADWAY  AND  [' 
BATTERY  RAILROAD  COMPANY  and  of  F.  W.  WHITRIDGE,  as  Re- 1 
ceiver  for  said  Company,  in  respect  to  the  GRAND  STREET  CROSSTOWN  I 
LINE  and  in  respect  to  the  GRAND  AND  DESBROSSES  LINE  to  Brooklyn.  I 

It  is  hereby  ordered  that  a  hearing  be  had  on  the  13th  day  of  April,  1908,  at  2.30  o'clock  in  the 
afternoon  or  at  any  time  or  times  to  which  the  same  may  be  adjourned,  at  the  rooms  of  the  Commission, 
No.  154  Nassau  Street,  in  the  Borough  of  Manhattan,  City  and  State  of  New  York,  to  inquire  whether 
the  regulations,  practices  and  service  of  the  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company  or 
of  F.  W.  Whitridge  as  Receiver  of  the  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company,  in  respect 
to  transportation  of  persons  in  the  First  District  on  the  Grand  Street  Crosstown  Line  and  on  the  Grand 
and  Desbrosses  Line  to  Brooklyn,  are  unreasonable,  improper  or  inadequate,  and  whether  the  said  Dry  Dock, 
East  Broadway  and  Battery  Railroad  Company  or  the  said  F.  W.  Whitridge,  as  Receiver  of  the  said  Railroad, 
run  cars  enough  or  with  sufficient  frequency  or  upon  a  reasonable  time  schedule,  reasonably  to  accommo- 
date the  passenger  traffic  transported  by  them  or  offered  for  transportation  to  them,  and  if  such  be  found 
to  be  the  fact,  then  to  determine  whether  it  is  reasonably  necessary  to  accommodate  and  transport  the 
said  traffic  transported  or  offered  for  transportation  and  is  and  will  be  just,  reasonable,  proper,  and  adequate 
to   direct   that   the  service   of  the   said   Dry   Dock,   East  Broadway  and  Battery  Railroad  Company  or  of  F. 

19 


W.    Whitridge,   as   its   Receiver,   be   increased,   supplemented   and   changed    in   the    following   manner,    that 
is  to  say: 

(i)  By  operating  daily,  including  Sunday,  over  every  point  of  the  Grand  Street  Crosstown  Line  and 
every  point  of  the  Grand  and  Desbrosses  Line  to  Brooklyn,  either 

(a)  A  sufficient  number  of  cars  in  each  direction  past  any  point  of  observation  to  provide,  during 
every  fifteen  minute  period  of  the  day  or  night,  a  ten  per  cent.  (io%)  excess  of  seats  for  passengers  at 
that  point;  the  number  of  cars  passing  any  point  to  be,  however,  never  less  than  six  cars  per  hour  in  each 
direction,  or 

(b)  A  minimum  number  of  fifteen  (15)  cars  in  one  direction  in  each  fifteen  minute  period  in  which 
the   provisions   of   subdivision    (a)    above,   are   not   complied   with. 

(2)  By  making  such  other  and  further  changes  in  the  schedule  and  manner  of  operating  cars  on 
the  Grand  Street  Crosstown  Line  and  on  the  Grand  and  Desbrosses  Line  to  Brooklyn  as  may  be  just 
and  reasonable. 

(3)  That  on  the  Grand  Street  Crosstown  Line  all  Westbound  cars  from  Grand  Street  F«rry  run  at 
least  to  Broadway  and   all   Eastbound   cars   run   at   least  to  the  Ferry. 

(4)  That  on  the  Grand  and  Desbrosses  Line  to  Broadway  all  Westbound  cars  from  the  Brooklyn  end 
of  the  Williamsburg  Bridge  run  at  least  to  Broadway,  and  all  Eastbound  cars  run  at  least  to  the  Brooklyn 
end  of  the  Williamsburg  Bridge. 

And  if  any  such  changes,  improvements  or  additions  be  found  to  be  such  as  ought  to  be  made  as 
aforesaid,  then  to  determine  what  period  will  be  a  reasonable  time  within  which  the  same  should  be  directed 
to  be  executed. 

All  to  the  end  that  the  Commission  may  make  such  order  or  orders  in  the  premises  as  shall  be  just 
and   reasonable. 

FURTHER  ORDERED:  That  the  said  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company 
or  F.  W.  Whitridge,  its  Receiver,  be  given  at  least  five  days'  notice  of  such  hearing  by  service  upon  them 
either  personally  or  by  mail  of  a  certified  copy  of  this  order  and  that  at  such  hearing  said  Company  and 
its  Receiver  be  afforded  all  reasonable  opportunity  for  presenting  evidence  and  examining  and  cross-exam- 
ining witnesses  as  to  the  matters  aforesaid. 


Order  397. 

New  York,  April  6,  1908 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  received  from  you  a  paper  entitled  "Order  for  Hearing,  Order  No.  397,"  informing 
me  that  on  April  13th  the  Public  Service  Commission  proposes  to  hold  an  inquiry  whether  the 
regulations,  practices  and  services  of  the  Dry  Dock,  East  Broadway  &  Battery  Railroad  Com- 
pany in  respect  to  transportation  of  persons  on  the  Grand  Street  Crosstown  Line,  and  on  the 
Grand  and  Desbrosses  Street  Line  to  Brooklyn,  are  unreasonable,  improper  and  inadequate,  and 
whether  I,  as  Receiver  of  the  said  railroad,  run  cars  enough  or  with  sufficient  frequency  or 
upon  a  reasonable  time  schedule  to  accommodate  passenger  traffic  transported  by  them  or 
offered  to  be  transported,  and  whether  that  service  should  be  increased,  supplemented  and 
changed  in  the  manner  which  you  specify. 

I  have  during  the  last  few  weeks,  upon  several  occasions,  informed  you  that  I  had  ordered 

20 


a  number  of  new  cars,  25  of  ttiem,  for  service  upon  the  Dry  Dock  Road.  Those  cars  are 
promised  this  month,  and  will  enable  me  to  do  practically  the  very  things  mentioned  in  your 
Order,  and  an  Order  directing  the  taking  of  testimony  and  an  inquiry  into  conditions  which  are 
obvious,  which  I  admit;  and  have  arranged  to  remedy  in  the  manner  of  which  I  have  informed 
you,  seems  to  me  to  be  a  work  of  supererogation.  If,  however,  it  appears  to  you  desirable 
to  take  testimony  and  have  a  Hearing  as  a  preparation  for  making  an  Order  that  I  shall  do  the 
things  I  have  already  arranged  to  do,  and  notified  you  that  I  intend  to  do,  I  of  course  have  no 
objection. 

In  respect  to  the  service  over  the  Bridge,  the  situation  is  a  little  different.  The  Grand 
Street  cars  belonging  to  the  Dry  Dock,  East  Broadway  &  Battery  Railroad  Company  were  in- 
stalled on  the  Bridge  by  the  New  York  City  Railway  Company,  under  a  contract  it  had  made 
with  the  Bridge  Commissioners,  and  at  a  time  when  it  controlled  the  Dry  Dock,  East  Broadway 
&  Battery  Railroad  Company.  When  the  Receivers  of  the  New  York  City  Railway  Com- 
pany lost  control  of  the  Dry  Dock  Company,  I  took  the  position  that  the  New  York  City  Rail- 
way, which  never  had  any  cars  or  railroad  of  its  own  anywhere  near  the  Bridge,  had  made  this 
contract  for  the  benefit  of  the  Dry  Dock  Road,  and  that  the  contract  went  with  the  road.  The 
New  York  City  Railway  Receivers,  however,  have  taken  a  different  position,  and  have  advised 
me  that  I  must  do  certain  things,  (which  I  have  refused  to  do)  or  that  the  Grand  Street  cars 
must  be  removed  from  the  Bridge.  This  question  has  been  passed  upon  partially  by  the  Cor- 
poration Counsel,  and  is  in  process  of  submission  to  the  United  States  Circuit  Court.  If  the 
contention  of  the  New  York  City  Railway  Receivers  should  be  maintained,  the  Grand  Street 
cars  might  be  removed  from  the  Bridge,  and  any  Order  in  respect  to  the  service  of  those  cars 
over  the  Bridge,  directed  to  me,  would  be  vain.  I  should  venture  to  suggest,  therefore,  that 
you  postpone  the  consideration  of  this  particular  matter  until  the  Court  has  acted,  or,  if  you 
can  see  your  way  to  appearing  in  the  proceedings  before  the  United  States  Circuit  Court,  in 
my  favor,  or  in  inducing  the  Corporation  Counsel  to  enlarge  his  opinion,  you  will,  I  think,  be 
doing  the  public  a  real  service,  and  I  shall  be  very  much  obliged  to  you. 

Yours  truly, 

Receiver. 

Order  404. 
STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


In  the  Matter  I 

of  the  ' 

Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  Improvement  >      Order°No   404"^ 
in  and  Addition  to  the  Service  of  the  THIRD  AVENUE  RAILROAD  COM-  [  . 
PANY,  and  of  Frederick  W.  Whitridge  as  Receiver  of  said  Company.  I 

Third  and  Amsterdam  Avenue  line.  I 


IT  IS  HEREBY  ORDERED  that  a  hearing  be  had  on  the  i6th  day  of  April,  1908,  at  2:30  o'clock  in 
the  afternoon,  or  at  any  time  or  times  to  which  the  same  may  be  adjourned,  at  the  Rooms  of  the  Commis- 

21 


sion,  No.  154  Nassau  Street,  in  the  Borough  of  Manhattan,  City  and  State  of  New  York,  to  inquire  whether 
the  regulations,  practices  and  service  of  the  Third  Avenue  Railroad  Company,  or  of  Frederick  W.  Whit- 
ridge  as  Receiver  of  the  Third  Avenue  Railroad  Company,  in  respect  to  the  transportation  of  persons  in 
the  First  District  on  the  Third  Avenue  and  Amsterdam  Avenue  line,  from  the  United  States  Post  Office 
in  Park  Row  to  the  northern  terminus  of  the  line  at  or  near  195th  Street,  are  unreasonable,  improper  or 
inadequate,  and  whether  the  said  Third  Avenue  Railroad  Company,  or  the  said  Frederick  W.  Whitridge, 
as  Receiver  of  the  Third  Avenue  Railroad  Company,  run  cars  enough  or  with  sufficient  frequency  or  upon 
a  reasonable  time  schedule,  reasonably  to  accommodate  the  passenger  traffic  transported  by  them,  or  offered 
for  transportation  to  them,  and  if  such  be  found  to  be  the  fact  then  to  determine  whether  it  is  reasonably 
necessary  to  accommodate  and  transport  the  said  traffic  transported  or  offered  for  transportation,  and  is 
and  will  be  just,  reasonable,  proper  and  adequate  to  direct  that  the  service  of  the  said  Third  Avenue  Rail- 
road Company,  or  of  Frederick  W.  Whitridge  as  Receiver  of  the  Third  Avenue  Railroad  Company,  be  in- 
creased, supplemented  and  changed  in  the  following  manner,  that  is  to  say: 

1.  By  operating  daily,  including  Sunday,  over  every  point  of  the  Third  and  Amsterdam  Avenue  line, 
from  the  United  States  Post  Office  in  Park  Row  to  the  northerly  terminus  of  the  line  at  or  near  iQSth 
Street,   either 

(a)  A  sufficient  number  of  cars  in  each  direction  past  any  point  of  observation  to  provide  during  every 
fifteen-minute  period  of  the  day  or  night  a  number  of  seats  at  least  ten  per  cent,  in  excess  of  the  number  of 
passengers  at  that  point;  the  number  of  cars  passing  any  point  to  be,  however,  never  less  than  six  per  hour 
in  each  direction,  or 

(b)  A  minimum  number  of  25  cars  in  one  direction  in  each  fifteen-minute  period  in  which  the  pro- 
visions of  subdivision    (a)   above  are  not  complied  with. 

2.  By  making  such  other  and  further  changes  in  the  schedule  and  manner  of  operating  cars  on  the 
Third  and  Amsterdam  Avenue  line  between  the  United  States  Post  Office  in  Park  Row  and  the  northerly 
terminus  of  the  line  at  or  near  195th  Street  as  may  be  just  and  reasonable,  and  if  any  such  changes,  improve- 
ments or  additions  be  found  to  be  such  as  ought  to  be  made  as  aforesaid,  then  to  determine  what  period 
would  be  a  reasonable  time  within  which  the  same  should  be  directed  to  be  executed. 

All  to  the  end  that  the  Commission  may  make  such  order  or  orders  in  the  premises  as  shall  be  just 
and  reasonable.    It  is  further 

ORDERED  that  the  said  Third  Avenue  Railroad  Company  and  the  said  Frederick  W.  Whitridge,  as 
Receiver  of  the  Third  Avenue  Railroad  Company,  be  given  at  least  five  days'  notice  of  said  hearing  by  serv- 
ice upon  them,  either  personally  or  by  mail,  of  a  certified  copy  of  this  order,  and  that  at  such  hearing  said 
Company  and  its  Receiver  be  afforded  all  reasonable  opportunity  for  presenting  evidence  and  examining  and 
cross-examining  witnesses  as  to  the  matters  aforesaid. 


Order  404. 

New  York,  April  9th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  received  from  you  yesterday,  Order  for  Hearing,  Order  No.  404,  in  respect  to  the  service 
on  the  Third  Avenue  Line.  Possibly  you  are  not  aware  that  the  Order  which  is  apparently  con- 
templated, will  necessitate  running  nearly  double  the  number  of  cars  which  are  now  running 
on  Third  Avenue.  In  respect  to  any  such  order,  I  have  to  say  that  all  the  cars  I  control  are 
now  running  on  Third  Avenue  every  day,  excepting  those — from  12  to  16 — which  are  neces- 
sarily in  the  shops.     If  your  Commission  can  devise  any  way  in  which  the  cars  I  have  can  be 

22 


made  to  do  double  service,  I  shall  be  happy  to  put  it  into  operation.  If,  however,  they  mean, 
even  indirectly,  that  I  must  purchase  more  cars,  I  am  bound  to  say  to  you  with  great  respect, 
and  without  raising  the  question  as  to  whether  any  such  order  would  overstep  the  line  be- 
tween regulation  and  management,  that  it  is  not  my  intention  to  undertake  any  purchase  of  cars 
at  the  present  time.  I  suggest  that  the  consideration  of  any  order  which  has  that  in  mind,  is 
premature,  and  should  be  postponed  for  some  weeks  for  the  following  reasons : 

First :  The  abolition  of  transfers  which  goes  into  effect  next  week,  will  probably  very  much 
diminish  the  number  of  passengers  carried  on  the  Third  Avenue  Road ;  at  the  same  time,  I 
hope,  increasing  its  receipts.  While  there  is  wide  difference  among  experts,  the  balance  of 
opinion  seems  to  be  in  favor  of  the  view  that  the  Third  Avenue  Road  is  now  running  as  many 
cars  as  it  can  profitably  run  under  the  circumstances  which  would  then  be  presented. 

Second :  Should  any  new  cars  be  necessary,  it  would  be  obviously  unwise  to  order  the  or- 
dinary type  of  car,  if  the  new  "Pay-as-you-Enter"  cars  are  demonstrated  to  be  a  success,  and 
equally  it  would  be  unwise  to  order  those  cars  until  that  success  is  demonstrated.  It  will  take 
at  least  a  month  before  any  statistics  of  value  can  be  obtained  in  respect  to  the  advantages  of 
the  "Pay-as-you-Enter"  cars,  the  cost  of  operating  them,  and  the  necessary  changes  made  in  the 
track  to  accommodate  them.  I  have  just  had  put  before  me  reports  as  to  the  condition  of  the 
Third  Avenue  track  and  power,  from  which  it  appears  that  I  must  expend  at  least  $350,000 
on  the  track  as  soon  as  possible.  If  I  were  to  put  the  "Pay-as-you-Enter"  cars  into  operation 
this  amount  might  have  to  be  doubled.  I  must  also  probably  spend  upwards  of  $500,000  on  our 
power  plant.  If  I  put  the  "Pay-as-you-Enter"  cars  into  operation,  this  may  be  materially  in- 
creased, and  until  the  New  York  Receivers  are  able  to  tell  me  the  results  of  the  first  few 
weeks'  operation  of  these  cars,  it  is  quite  impossible  for  me  to  decide  whether  or  no  those 
cars  ought  to  be  ordered  for  the  Third  Avenue,  in  case  I  make  up  my  mind  that  it  is  necessary 
to  order  any  cars  at  all. 

Third :  Before  I  order  any  cars  or  undertake  the  large  work  which  I  have  outlined,  I 
must  have  some  reasonable  certainty  of  getting  the  money  to  pay  for  it.  As  you  must  know,  the 
expense  I  am  facing  will  far  exceed  the  income  from  this  property  for  the  coming  year.  The 
holders  of  its  securities  have  suffered  frightful  losses  in  the  depreciation  of  their  stocks  and 
bonds,  and  are  just  now  not  in  a  humor  to  spend  money  on  anything  experimental.  The  gen- 
eral market  cannot  be  expected  to  supply  money  for  the  Third  Avenue  while  there  is  a  large 
coherent  body  of  security  holders.  The  latter  cannot  be  expected  to  supply  money  for  the  Third 
Avenue  unless  they  are  convinced  both  that  it  is  essential  and  that  it  would  be  profitable  for 
them  to  do  so. 

These  things  cannot  possibly  be  determined  for  some  weeks  to  come,  and  I  therefore  sug- 
gest that  you  postpone  the  consideration  of  the  matter  of  your  order  until  the  Summer.  I  also 
feel  bound  to  point  out  to  you  that,  had  I  undertaken  to  comply  with  your  first  order  in 
respect  to  repair  of  cars  on  the  Third  Avenue  Road,  at  least  50  of  the  cars  would  now  be  in 
the  shops  and  the  condition  would  be  twenty  per  cent,  worse  than  you  now  suppose  it  to  be. 

Yours  truly, 

Receiver. 
23 


New  York,  April  i6,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

With  reference  to  an  Order  which  you  have  recently  made  in  respect  to  the  service  on  the 
Third  Avenue  Railway,  and  my  reply  thereto  sent  you  last  week,  you  may  be  interested  to 
know  that  on  the  8th,  9th  and  loth  of  April,  three  days  before  the  transfers  were  abolished, 
the  Third  Avenue  Railway  carried — 163,834  passengers,  178,048  passengers,  167,211  passengers, 
respectively,  and  on  April  13th,  14th,  and  15th,  after  transfers  were  abolished,  the  Third  Ave- 
nue Railway  carried — 118,406  passengers,  115,149  passengers,   115,706  passengers,  respectively. 

Yours  truly. 

Receiver. 


New  York,  April  11,  1908. 
Frederick  W.  Whitridge,  Esq., 

Receiver  of  the  Union  Ry.   Co., 
204  East  128th  St.,  N.  Y.  C. 

Dear  Sir: 

In  accordance  with  resolution  adopted  by  the  Commission  at  its  meeting  yesterday,  I  hereby  notify  you 
that  a  hearing  will  be  held  before  Commissioner  Eustis  on  Wednesday,  April  15th,  at  2:30  P,  M.,  in  Room 
310  of  the  Tribune  Building,  under  Order  No.  368  adopted  by  the  Commission  on  April  3d  on  the  question 
of  the  adequacy  of  the  service  of  the  Union  Railway  Company  on  its  line  on  the  Fort  Schuyler  Road  from 
Westchester  Village  to  the  Eastern  Boulevard,  and  on  the  question  whether  the  said  Company  should  be 
directed  to  double  track  said  line  on  said  road,  and  on  the  question  whether  said  Company  should  be  di- 
rected to  run  cars  of  the  Westchester  Avenue  line  or  the  Tremont  Avenue  line  through  Fort  Schuyler  Road 
to  the  Eastern  Boulevard  without  change  at  Westchester  Village,  and  on  the  question  whether  said  Com- 
pany should  be  directed  to  extend  the  tracks  of  said  line  along  the  Eastern  Boulevard  from  the  present  ter- 
minus of  said  line  on  Fort  Schuyler  Road  to  Pelham  Bay  Park. 

I  annex  a  certified  copy  of  the  Order  for  Hearing. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 

Secretary. 
EMR/DMQ 
Enc. 


24 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


WILLIAM  HENDERSON  and  One  Hundred  and  Fifty  Others, 

Complainants, 
against 

UNION  RAILWAY  COMPANY, 

Defendants. 

"Inadequate    service    on    Fort    Schuyler    Road,    Westchester   Village    to    the' 
Eastern  Boulevard." 


Under  Hearing 
Order    No.   368. 


NOTICE  OF  HEARING 
and   COPY   COMPLAINT. 


To 


GEORGE  S.  COLEMAN, 
Counsel  to  the  Public  Service 
Commission  for  the  First  Dist., 
Tribune  Building,  No.  154  Nassau  St., 
New  York  City. 


Frederick  W.  Whitridge,  Esq., 
Receiver  of  Union  Railway  Company, 
59  Wall  Street, 
New  York  City. 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

WILLIAM  HENDERSON  and  One  Hundred  and  Fifty  Others, 

Complainants, 
vs. 


UNION  RAILWAY  COMPANY, 


Defendants. 


y  Hearing  Order 
/       No.  368. 


"Inadequate  service  on  Fort  Schuyler  Road,  Westchester  Village  to  the  East- 
ern Boulevard." 


To  Frederick  W.  Whitridge,  Esq., 

Receiver  of  the  Union  Railway  Company. 

Sir: 

Please  take  notice  that  on  the  15th  day  of  April,  1908,  at  4  o'clock  in  the  afternoon  of  said  day,  at 
the  rooms  of  the  Commission  at  154  Nassau  Street,  City  and  State  of  New  York,  a  hearing  will  be  had 
upon  the  complaint  above  mentioned  against  the  Union  Railway  Company,  with  respect  to  the  following 
matters : 

(i)  The  question  as  to  the  adequacy  of  service  on  Fort  Schuyler  Road,  between  Westchester  Village 
and  Eastern  Boulevard,  and  as  to  whether  the  service  on  said  line  should  be  ordered  to  be  increased. 

(2)  The  question  as  to  the  desirability  of  double  tracking  said  Company's  line  on  said  Fort  Schuyler 
Road  and  as  to  whether  said  Company  should  be  directed  to  double  track  said  line. 

(3)  The  question  as  to  the  desirability  of  running  cars  from  the  Westchester  Avenue  line  or  the  Tre- 
mont  Avenue  line  through  Fort  Schuyler  Road  to  Eastern  Boulevard,  without  change  at  Westchester  Village, 
and  as  to  whether  said  Company  should  be  directed  to  run  said  cars  accordingly. 

25 


(4)  The  question  as  to  the  desirability  of  an  extension  of  the  line  of  said  Company  from  its  present 
terminus  on  Fort  Schuyler  Road  at  Eastern  Boulevard,  along  said  Eastern  Boulevard  to  Pelham  Bay  Park, 
and  as  to  whether  said  Company  should  be  directed  to  extend  said  line  in  that  manner. 

To  the  end  that  the  Commission  may  make  such  order  or  orders  in  the  premises  as  may  be  just  and 
reasonable. 

This  notice  is  made  and  served  upon  you,  pursuant  to  a  resolution  of  this  Commission,  duly  adopted 
at  its  meeting  on  the  loth  day  of  April,  1908,  and  is  given  to  you  in  order  that  you  may  attend  the  hearing 
mentioned  and  examine  and  cross-examine  any  and  all   witnesses   and   present  to   the   Commission   such    in- 
formation and  testimony  as  you  may  desire. 
Dated  this   lolh  day  of  April,  1908. 

Respectfully  yours, 

GEO.   S.   COLEMAN, 
Counsel  to  the  Public  Service 
Commission  for  the  First  District, 
Tribune  Bldg.,  No.  154  Nassau  St., 
New  York  City. 


Order  368. 


Tribune  Building,   154  Nassau   Street, 
Borough  of  Manhattan,  City  of  New  York. 


vSTATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


WILLIAM  HENDERSON  and  One   Hundred  and  Fifty  Others, 

Complainants, 

^^^'"^*  I    Hearing  Order 

UNION  RAILWAY  COMPANY,  /       No.  368. 

Defendant. 

"Inadequate  service  on  Fort  Schuyler  Road,  Westchester  Village  to  the  East- 
ern Boulevard." 


Upon  the  complaint  herein,  upon  which  Order  No.  323  was  issued  on  or  about  the  tenth  of  March, 
1908,  and  the  answer  of  the  Union  Railway  Company  thereto,  verified  the  twelfth  day  of  March,   1908,  it  is 

ORDERED:  That  upon  the  matters  contained  therein  a  hearing  be  had  on  the  eighth  day  of  April, 
1908,  at  3 :30  o'clock  in  the  afternoon,  or  at  any  time  or  times  to  which  the  same  may  be  adjourned,  at  the 
rooms  of  the  Commission,  No.   154  Nassau   Street,   Borough  of  Manhattan,   City  and   State  of  New  York. 

To  the  end  that  the  commission  may  make  such  order  or  orders  in  the  premises  as  shall  be  just  and 
reasonable. 

FURTHER  ORDERED:  That  the  said  complainants  and  the  said  Union  Railway  Company  be  given  at 
least  five  (5)  days'  notice  of  such  hearing,  by  service  upon  said  William  Henderson,  Eastern  Boulevard,  and 
upon  the  said  Union  Railway  Company,  either  personally  or  by  mail,  of  a  certified  copy  of  this  order,  and 
that  at  such  hearing  said  complainants  and  said  company  be  afforded  all  reasonable  opportunity  for  pre- 
senting  evidence   and   examining   and   cross-examining  witnesses  as  to  the  matters  aforesaid. 

26 


(Copy  Complaint.) 

February  24th,  1908. 
Public   Service  Commission, 
Tribune  Building, 
N.  Y.  City. 

The  undersigned,  residents  and  property  owners  of  the  Eastern  Bronx,  known  as  Throggs  Neck, 
Schuylerville,  Eastern  Boulevard,  Fort  Schuyler  Road,  &c.,  respectfully  petition  your  honorable  Board  to  take 
such  measures  as  you  may  consider  necessary  to  compel  the  Union  Railway  Company  to  render  better  service 
on  the  branch  trolley  line  running  on  Fort  Schuyler  Road,  from  Westchester  Village  to  the  Eastern  Boule- 
vard. 

First.  The  Company  should  be  ordered  to  lay  double  tracks  the  entire  length  of  the  branch,  so  as  to 
abolish   the   numerous  switches   that   cause  present   delays,  and  that  more  cars  be  run. 

Second.  That  an  order  for  hearing  should  be  issued,  compelling  the  Union  Railway  Co.  to  use  its 
franchise  by  continuing  its  tracks  from  the  present  terminus — Fort  Schuyler  Road  and  Eastern  Boulevard 
north  en  the  Eastern  Boulevard,  to  Pelham  Bay  Park. 

Third.  Your  petitioners  further  respectfully  request  that  the  said  Union  Railway  Company  be  ordered 
at  once  to  run  either  the  Tremont  Avenue  or  Westchester  Avenue  cars  direct  to  the  Eastern  Boulevard 
without  transfer  at  Westchester  Square,  as  is  now  the  case. 

The  residents  and  property  owners  of  this  section  of  the  Bronx  have  frequently  requested  the  Rail- 
way Company  in  the  past  for  these  improvements,  but  have  always  been  met  with  excuses  and  promises.  The 
excuse  was  made  over  two  years  ago  that  the  Fort  Schuyler  Road  was  not  wide  enough  at  certain  places 
for  two  tracks,  but  the  Borough  officials  went  over  the  Road  with  the  Railway's  Superintendent,  and  they 
agreed  to  fill  in  where  necessary  if  the  two  tracks  were  laid.  Nothing,  however,  was  done  in  the  matter  by 
the  Company. 

Regarding  the  extension  of  the  Railway  to  Pelham  Bay  Park,  it  may  be  said  in  favor  thereof  that 
thousands  who  visit  this  magnificent  park,  as  well  as  the  residents  of  the  neglected  sections,  are  compelled 
to  walk  from  the  present  terminus  of  the  route — Fort  Schuyler  Road  and  Eastern  Boulevard — a  distance 
of  about  a  mile  and  a  half  to  the  nearest  entrance  to  the  Park.  This  long  walk  is  especially  a  great  hard- 
ship to  mothers  and  little  children. 

During  the  Summer,  and  frequently  in  the  Winter,  the  one  or  two  small  cars  running  on  this  route  to 
Fort  Schuyler  Road  and  Eastern  Boulevard  are  filled  to  suffocation. 

Within  the  last  two  or  three  years  a  large  number  of  thrifty  people  have  purchased  home  sites  in  this 
section  (over  a  thousand  building  lots  having  been  bought  within  that  time),  and  these  people  are  waiting 
for  better  transit  facilities  before  erecting  little  houses   for  themselves. 

It  might  also  be  well  to  state  that  the  second  largest  cemetery  in  the  Bronx  (St.  Raymond's)  is  lo- 
cated in  this  section,  and  the  comfort  of  the  many  sad  visitors  on  Sundays  and  holidays  to  the  place  should 
also  be  considered  by  your  honorable  Commission.  ♦ 

The  improvements  suggested  could  be  made  by  the  Railway  Company  at  very  little  cost,  and  would 
prove  a  profitable  investment  to  it,  as  thousands  of  people  would  visit  the  Park  who  will  not  go  there  now, 
on  account  of  the  inadequate  transit  facilities,  and  would  be  a  great  relief  to  the  present  residents  of  these 
places. 

As  there  is  no  grading  to  be  done  on  the  Eastern  Boulevard,  we  are  informed  by  contractors  familiar 
with  this  class  of  work  that  these  tracks  could  be  laid  to  the  Park  and  ready  for  operation  within  thirty 
days. 

Your  petitioners  earnestly  urge  you  to  lose  no  time  in  ordering  the  Railway  Company  to  make  the  im- 
provements   suggested,    in    order   to   relieve   the   conditions  complained  of,  before  the  coming  Summer. 

Respectfully  submitted, 

(Signed)  WILLIAM  HENDERSON, 

Eastern  Boulevard, 
and 
(One  hundred  and  fifty  others.) 


27 


Copy. 

New  York,  April   13,   1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 

My  dear  Sir: 

I  have  yours  of  the  nth  and  have  instructed  the  officers  to  see  that  you  are  furnished  with 
reports  requested  by  you,  as  promptly  as  possible. 

Yours  truly, 

Receiver. 


Tribune    Building,    154   Nassau   Street, 
Borough   of  Manhattan,   City  of  New  York. 


STATE  OF  NEW  YORK, 


PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


FRANCIS  P.  KENNEY,  as  President  of  the  Highbridge  Taxpayers'  Alliance, 

Complainant, 
against 

UNION  RAILWAY  COMPANY  or  its  Receiver,  FREDERICK  W.  WHIT-)  ^^""fnT^'^'^^'^ 

RIDGE, 

Defendant. 

"Extension  of  Boscobel  Avenue  line  to  the  end  of  Washington  Bridge." 


No.  407. 


Upon  the  complaint  herein,  upon  which  Order  No.  237  was  issued  on  or  about  the  4th  day  of  February, 
1908,  and  the  answer  of  the  Union  Railway  Company  thereto,  verified  the  25th  day  of  February,  1908, 
it  is 

ORDERED:  that  upon  the  matters  contained  therein  a  hearing  be  had  on  the  22d  day  of  April,  1908, 
at  2 :30  o'clock  in  the  afternoon,  or  at  any  time  or  times  to  which  the  same  may  be  adjourned,  at  the 
rooms  of  the  Commission,  at  No.  154  Nassau  Street,Borough  of  Manhattan,  City  and  State  of  New  York. 

To  the  end  that  the  Commission  may  make  such  order  or  orders  in  the  premises  as  shall  be  just 
and   reasonable. 


FURTHER  ORDERED:  that  the  said  complainant  and  the  said  Union  Railway  Company  and  its 
Receiver,  Frederick  W.  Whitridge,  be  given  at  least  ten  (10)  days'  notice  of  such  hearing,  by  service  upon 
said  Francis  P.  Kenney,  Highbridge,  New  York,  and  upon  the  said  Union  Railway  Company  and  its 
Receiver,  Frederick  W.  Whitridge,  either  personally  or  by  mail,  of  a  certified  copy  of  this  order,  and 
that  at  such  hearing  said  complainant  and  said  company  be  afforded  all  reasonable  opportunity  for  pre- 
senting evidence  and  examining  and  cross-examining  witnesses   as    to   the   matters    aforesaid. 

28 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter 
of  the 
Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  Improvement  \  o  ^      t      tt 
in  and  Addition  to  the  Service  of  the  DRY  DOCK,  EAST  BROADWAY  AND  /      Nq*"  Igl  "^^""^' 
BATTERY  RAILROAD  COMPANY,  and  of  F.  W.  Whitridge,  as  Receiver 
of  the  said  Company,  in  respect  to  the  Grand  Street  Crosstown  line,  and  in 
respect  to  the  Grand  and  Desbrosses  line  to  Brooklyn. 

NOTICE  OF  HEARING. 

GEORGE  S.  COLEMAN, 
Counsel  to  the  Public  Service 

Commission  for  the  First  District, 
Tribune  Building,  No.  154  Nassau  St., 

New   York  City. 
To  EDWARD  A.  MAHER,  ESQ., 

Receiver  of  the  Dry  Dock,  East  Broadway  &  Battery  Railroad  Co., 
65th   Street  and  Third  Avenue, 
New   York   City. 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter 
of  the 
Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  Improvement!     Order  for  Hearini? 
in  and  Addition  to  the  Service  of  the  DRY  DOCK,  EAST  BROADWAY  AND/        No.  397, 
BATTERY  RAILROAD  COMPANY,  and  of  F.  W.  Whitridge,  as  Receiver! 
of  the  said  Company,  in  respect  to  the  Grand  Street,  Crosstown  line,  and  in\ 
respect  to  the  Grand  and  Desbrosses  line  to  Brooklyn.  I 

To    Edward   A.    Maher, 

General    Manager    of    the    DRY    DOCK,    EAST     BROADWAY      AND     BATTERY      RAILROAD 
COMPANY. 
Sir: 

Please  TAKE  NOTICE  that  on  the  14th  day  of  April,  1908,  at  4:15  o'clock  in  the  afternoon  of  said 
day,  at  the  Rooms  of  the  Commission,  at  No.  154  Nassau  Street,  City  and  State  of  New  York,  an  adjourned 
hearing  will  be  had  in  regard  to  the  matters  abovementioned,  with  particular  reference  to  determining 
whether  the  service  of  said  Company,  or  of  F.  W.  Whitridge,  as  its  Receiver,  should  be  increased,  supple- 
mented and  changed  in  the  following  manner,  that  is  to  say: 

(i)  By  operating  daily,  including-  Sunday,  over  every  point  of  the  Grand  Street  Crosstown  line  and 
every  point  of  the  Grand  and   Desbrosses  line  to   Brooklyn  either 

(a)  A  sufficient  number  of  cars  in  each  direction  past  any  point  of  observation  to  provide  during 
every  fifteen-minute  period  of  the  day  or  night  a  ten  per  cent,  excess  of  seats  over  passengers  at  that 
point;  the  number  of  cars  passing  any  point  to  be,  however,  never  less  than  six  cars  per  hour  in  each 
direction,   or 

29 


(b)  A  minimum  number  of  fifteen  cars  in  one  direction  in  each  fifteen-minute  period  in  which  the  pro- 
visions of  subdivision    (a)    above  are  not  complied  with. 

(2)  By  making  such  other  and  further  changes  in  the  schedule  and  manner  of  operating  cars  on 
the  Grand  Street  Crosstown  line  and  on  the  Grand  and  Desbrosses  line  to  Brooklyn  as  may  be  just  and 
reasonable. 

(3)  By  running  on  the  Grand  Street  Crosstown  line  all  westbound  cars  from  Grand  Street  Ferry 
at  least  to   Broadway,  and   running  all   eastbound  cars   at   least   to   the   Ferry. 

(4)  By  running  on  the  Grand  and  Desbrosses  line  to  Brooklyn  all  westbound  cars  from  the  Brooklyn 
end  of  the  WilHamsburg  Bridge  at  least  to  Broadway,  and  running  all  eastbound  cars  at  least  to  the  Brooklyn 
end  of  the  Williamsburg  Bridge. 

And  if  any  such  changes,  improvements  or  additions  be  found  to  be  such  as  ought  to  be  made,  then 
to  determine  what  period  will  be  a  reasonable  time  within  which  the  same  should  be  directed  to  be  executed. 

All  to  the  end  that  the  Commission  may  make  such  order  or  orders  in  the  premises  as  shall  be 
just  and  reasonable. 

This  notice  is  made  and  served  upon  you  in  order  that  you  may  attend  the  hearing  mentioned  and 
examine  and  cross-examine  any  and  all  witnesses,  and  present  to  the  Commission  such  information  and 
testimony  as  you   may  desire. 

The   order   herein   was   returnable  on  the   13th   day  of  April,  1908,  at  2:30  P.  M.,  and  at  that  time  an 
adjournment  was  had  to  the   14th  day  of  April,   1908,  at  4:15   P.  M.,  for  the  purpose  of  enabling  the  Com- 
mission  to   give  you   the  notice   mentioned. 
Dated,  this   13th  day  of  April,   1908. 

Respectfully  yours,. 

GEO.  S.  COLEMAN, 
Counsel  to  the  Public  Service 

Commission  for  the  First  District 
Tribune  Building,  No.  154  Nassau  St., 

New   York   City. 


Order  397. 

New  York,  April  14,  1908. 
George  S.  Coleman,  Esq., 

Counsel  to  the  Public  Service  Commission, 
of  the  First  District, 

154  Nassau  Street,  City. 

My  dear  Sir: 

Mr.  Edward  A.  Maher  was  served  yesterday  with  a  Notice  signed  by  you  and  addressed 
to  him  on  the  outside  as  Receiver  of  the  Dry  Dock,  East  Broadway  &  Battery  Railroad  Com- 
pany and  on  the  inside  as  Manager  of  that  Company.  Mr.  Maher  is  neither  the  Receiver  nor 
the  Manager  of  the  Dry  Dock,  East  Broadway  &  Battery  Railroad  Company,  but  is  the  Gen- 
eral Manager  to  the  Receiver. 

In  respect  to  the  particular  matters  referred  to  in  that  Notice,  I  beg  to  refer  you  to  my 
letter  addressed  to  Travis  H.  Whitney,  Secretary  of  the  Commission,  in  reply  to  the  Order 
served  upon  me  in  respect  to  the  same  matter,  on  the  6th  of  April,  of  which  I  enclose  to  you 
herewith  a  copy.     Mr.  Maher,  unfortunately,  has    some    engagements    in    connection    with    the 

30 


operation  of  this  Road  this  afternoon,  which  will  prevent  his  attending.    If  there  is  any  further 
information  which  you  desire,  I  shall  be  happy  to  furnish  it  to  you. 

Yours  very  truly, 

Receiver. 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


In  the  Matter 

of  the 

Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  Improvement  V  Order  for  Hearing 
in  and  Addition  to  the  Service  of  the  DRY  DOCK,  EAST  BROADWAY  AND/       No.  397- 
BATTERY   RAILROAD   COMPANY  and  of  F.  W.  Whitridge,  as  Receiver! 
of  the   said   Company,   in  respect  to  the   GRAND   STREET   CROSSTOWN 
LINE  and  in  respect  to  the  GRAND  AND  DESBROSSES  LINE  to  Brooklyn. 


OPINION. 

The  street  car  Hne  affected  by  this  case  includes  the  cars  operated-  from  the  Grand  Street  Ferry  upon 
the  East  River,  along  Grand  Street  and  Vestry  Street  to  the  Desbrosses  Street  Ferry.  There  is  also  a 
branch  line  running  from  the  Desbrosses  Street  Ferry  along  Grand  Street  and  via  Eissex  or  Clinton  Street 
and  the  Williamsburg  Bridge  to  the  plaza  at  the  easterly  end  of  the  bridge. 

The  evidence  presented  at  the-  hearings  shows  that  this  line,  including  the  branch  to  the  Brookljm 
Plaza  of  the  Williamsburg  Bridge,  is  one  of  the  most  congested  lines  that  has  been  examined  by  the 
Transportation  Bureau  of  the  Commission.  Indeed,  at  certain  hours  the  overloading  is  more  excessive  than 
has  been  found  upon  any  other  line  so  far  examined.  The  need,  therefore,  of  improved  service  is  extremely 
great  and  relief  ought  to  be  had  immediately.  Mr.  Maher,  who  is  manager  of  the  road  under  Mr.  F.  W. 
Whitridge,  the  Receiver,  has  testified  that  the  company  does  not  have  a  sufficient  number  of  cars  to  provide 
adequate  service.  A  contract  has  been  made  for  twenty-five  (25)  new  cars  for  use  upon  this  road, 
and  delivery  is  expected  about  the  first  of  May.  It  is  perhaps  impossible,  therefore,  to  provide  full  relief 
before  that  date,  and  the  order  is  to  take  effect  then. 

The  requirements  of  the  order  in  other  respects  follow  the  principles  laid  down  in  the  order 
relating  to  the  improvement  of  service  on  the  23d  Street  line.  In  the  opinion  in  that  case,  I  discussed  in 
a  general  way  the  principles  involved  and  it  is  not  necessary  to  repeat  the  statements  there  made,  but  they 
apply  with  equal  force  to  the  Grand  Street  line.  It  is  considered  that  15  cars  in  every  is-minute  period 
will  provide  adequate  service,  but  it  may  be  that  the  number  of  passengers  will  so  increase  with  the 
improved  service  that  a  larger  number  of  cars  must  be  run,  but  for  the  present  I  consider  the  maximum  set 
sufficient      The    general    traffic   conditions    will    not   prevent  more  cars  being  run. 

MILO  R.  MALTBIE, 

Commissioner. 
April    17th,    1908. 

31 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST   DISTRICT. 


In  the  Matter 

of  the 

Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  Improvement  in  >  ^j   ^  Hearmg 

and  Addition   to  the  Service  of  the  THIRD  AVENUE   RAILROAD   COM-f       ^°-  404- 
PANY,  and  of  Frederick  W.  Whitridge  as  Receiver  of  said  Company. 
Third  and  Amsterdam  Avenue  Line. 


OPINION. 

The  Third  and  Amsterdam  line  extends  from  Ann  Street  and  Broadway  to  Fort  George  via  Park 
Row,  the  Bowery,  Third  Avenue,  125th  Street,  Manhattan  Street  and  Amsterdam  Avenue.  Not  all  of 
the  cars  operated  upon  this  line  run  between  the  two  extreme  termini ;  certain  cars  are  regularly  switched 
back  at  crossover  points,  which  are  so  frequent  as  to  permit  of  such  routing  as  will  most  readily  accommo- 
date the  traveling  public. 

North  of  Sixth  Street  there  is  no  limiting  point  upon  the  whole  line,  and  sufficient  cars  may  be 
run  to  give  everyone  a  seat  except  under  unusual  conditions.  At  Grand  Street  and  the  Bowery  there  are  so 
many  lines  operating  through  this  intersection  that  it  is  physically  impossible  to  increase  materially  the  number 
of  cars  operated  upon  the  Third  Avenue  line  without  diminishing  the  cars  operated  upon  the  other  lines. 
Hence,  the  number  of  cars  below  Sixth  Street  may  not  be  as  great  as  the  number  in  use  above  Sixth 
Street. 

The  testimony  presented  at  the  hearings  shows  that  it  would  probably  be  necessary  to  operate  25  cars 
in  each  15-minute  period  for  certain  portions  of  the  day  below  Sixth  Street  if  the  passenger  traffic  were 
to  be  fully  accommodated.  But  to  do  this  would  rob  the  other  Hues  operating  through  Grand  Street  and  the 
Bowery.  I,  therefore,  recommend  that  the  Third  Avenue  line  be  required  to  operate  as  a  maximum  only 
12  cars  in  each  15-minute  period  south  of  Sixth  Street,  and  the  order  has  been  so  drawn.  The  Trans- 
portation Bureau  will  continue  its  inspections  and  endeavor  to  work  out  some  plan  for  a  new  routing 
of  the  cars  or  for  a  rearrangement  of  the  traffic  whereby  the  service  may  be  still  further  increased  upon 
the  Third  Avenue  line,  as  well   as  the  other  lines  crossing  the   Bowery   at   Grand    Street. 

There  being  no  such  limiting  point  above  Sixth  Street,  the  company  has  been  required  to  operate  the 
usual  10  per  cent,  excess  of  seats  over  passengers ;  or,  if  unable  to  do  so,  at  least  25  cars  in  every  15-minute 
interval.  The  evidence  shows  that  if  the  order  is  complied  with  in  spirit  as  well  as  in  letter,  the  service 
will  be  greatly  improved.  At  present  the  service  is  inadequate  over  most  of  the  line  and  at  times  when 
there  is  no  excuse  for  the  crowding. 

To  comply  with  the  provisions  of  the  order  a  larger  number  of  cars  will  need  to  be  used  than 
have  been  operated  heretofore.  Mr.  Maher,  who  is  general  manager  of  the  line  under  Mr.  Whitridge,  the 
receiver,  stated  that  with  the  cars  that  had  been  ordered  and  the  open  cars  which  could  be  used  very 
shortly,  there  would  be  in  his  opinion  a  sufficient  number  to  provide  adequate  service  upon  the  line.  He 
added  that  he  was  not  absolutely  certain  of  this  and  to  definitely  answer  this  question  would  require  more 
investigation  than  he  had  yet  made.  Inasmuch  as  the  Receiver  can  ask  for  a  modification  of  the  order 
or  a  rehearing  in  case  it  is  found  that  he  does  not  have  a  sufficient  number  of  cars,  I  recommend  that 
the  order  be  made  effective  May  ist,  by  which  time  some  open  cars  can  be  used.  If  he  should  find  that 
there  are  not  enough  cars  to  give  adequate  service,  one  of  the  first  things  which  ought  to  be  considered 
is  the  ordering  of  more  cars.  The  public  is  entitled  to  them,  and  if  they  -are  not  ordered  this  matter 
will    doubtless    need   to   be    considered   under   a   further  order. 

The  general  principles  involved  in  this  order  have  been  discussed  in  the  opinion  upon  the  improvement 
of  service  on  the  23d  Street  line  and  need  not  be  discussed   here,   although   they  apply   with    equal   force. 

(Signed)  MILO  R.  MALTBIE, 

Commissioner. 
April    17,   1908. 


32 


Order  421. 

At  a  Meeting  of  the  Public  Service  Commission  for  the  First  District,  duly 
held  at  its  office,  No.  154  Nassau  Street,  Borough  of  Manhattan!  City 
and  State  of  New  York,  on  the  17th  day  of  April,  1908. 
Present : 

William  McCarroll, 

Acting  Chairman ; 
Edward    M.    Bassett,       ^Commissioners. 
Milo  R.  Maltbie, 
John    E.    Eustis, 

In  the  Matter 

of  the 

Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  Improvements 

in  and  Additions  to  the  Service  of  the  DRY  DOCK,  EAST  BROADWAY  &  \  Final   Order   No.   421. 

BATTERY   RAILROAD  COMPANY  and  of  F.  W.  WHITRIDGE,  as  Re- f      With  Opinion. 

ceiver  of  the  said  Company,  in  respect  to  the  Grand  Street  Crosstown  Line  and 

in  respect  to  the  Grand  and  Desbrosses  Line  to  Brooklyn. 

Under   Order   for   Hearing  No.   397,   dated  April  3,   1908. 

This  matter  coming  on  upon  the  report  of  the  hearing  had  herein  on  April  13th,  14th  and  i6th,  1908, 
and  it  appearing  that  the  said  hearing  was  held  pursuant  to  hearing  order  No.  397  of  this  Commission, 
dated  April  3,  1908,  and  returnable  on  April  13,  1908,  at  2.30  P.  M.,  and  it  appearing  that  said  order  was 
duly  served  upon  said  F.  W.  Whitridge  as  Receiver  of  the  Dry  Dock,  E^st  Broadway  &  Battery  Railroad 
Company  on  the  4th  day  of  April,  1908,  and  that  such  service  was  by  him  duly  acknowledged,  and  that  said 
Dry  Dock,  Elast  Broadway  &  Battery  Railroad  Company  had  due  notice  of  said  hearing  and  that  said  hearing 
was  had  by  and  before  the  Commission  on  the  matters  embraced  in  said  order  for  hearing  on  the  13th,  14th 
and  i6th  days  of  April,  1908,  before  Mr.  Commissioner  Maltbie  presiding.  Harry  M.  Chamberlain,  Esq., 
appearing  for  the  Commission,  Edward  A.  Maher,  Esq.,  General  Manager,  appearing  for  said  railroad  com- 
pany and  for  said  Receiver,  and  proof  having  been  taken  upon  said  hearing,  and  it  being  made  to  appear 
after  the  proceedings  on  said  hearing  that  the  service  of  said  railroad  company  and  of  said  F.  W. 
Whitridge,  as  Receiver  of  said  company,  in  respect  to  the  transportation  of  persons  upon  its  lines,  the 
Grand  Street  Crosstown  Line  and  the  Grand  and  Desbrosses  Line  to  Brooklyn,  in  the  City  and  State  of 
New  York,  are  unreasonable,  improper  and  inadequate  in  that  said  Dry  Dock,  East  Broadway  &  Battery 
Railroad  Company  and  said  F.  W.  Whitridge  as  Receiver  of  said  company  do  not  operate  cars  enough 
upon  said  lines  or  with  sufficient  frequency  or  upon  a  reasonable  time  schedule  reasonably  to  accommodate 
the  passenger  traffic  transported  by  them  or  offered  for  transportation  to  them,  and  it  appearing  that  it  would 
be  just,  reasonable  and  proper  that  the  said  service  of  the  said  Dry  Dock,  East  Broadway  &  Battery 
Railroad  Company  and  of  F.  W.  Whitridge  as  its  Receiver  be  increased,  supplemented  and  changed  in  the 
particulars  hereinafter  set  forth ; 

THEREFORE,   on    motion   of   GEORGE   S.   COLEMAN,  ESQ.,  Counsel  to  the  Commission,  it  is 

ORDERED  as  follows: 

(i)  That  said  Dry  Dock,  East  Broadway  &  Battery  Railroad  Company  and  said  F.  W.  Whitridge, 
as  Receiver  of  said  company,  be  and  they  hereby  are  directed  and  required  to  operate  daily,  including 
Sunday,  over  every  point  of  said  Grand  Street  Crosstown  Line  and  said  Grand  and  Desbrosses  Line  to 
Brooklyn,  either 

(a)  a  sufficient  number  ot  cars  ui  each  directio.i  past  any  point  of  observation  to  provide  durmg  every 
fifteen-minute  period  of  the  day  or  night  a  ten  per  cent.  (10%)  excess  of  seats  over  passeneers  at  that 
point,  the  number  of  cars  passing  any  point  to  be,  ho«vever,  never  less  than  six  (6)  cars  per  hour  in  each 
direction ;  or 

(b)  a  minimum  number  of  fifteen  (15)  cars  in  one  direction  in  each  fifteen-minute  oeriod  in  which  the 
provisions  of  subdivision   (a)   above  are  not  complied  with. 

(2)  That  said  Dry  Dock,  East  Broadway  &  Battery  Railroad  Company  and  said  F.  W.  Whitridge 
as   Receiver  of  said  company  be  and  they  hereby  are  directed  and  required  to  run  on  said  Grand  Street 

33 


Crosstown   Line  all   westbound  cars  from  Grand   Street  Ferry  at  least  to  Broadway,  and  all  eastbound  cars 
at  least  to  the  Ferry. 

(3)  That  said  Dry  Dock,  East  Broadway  &  Battery  Railroad  Company  and  said  F.  W.  Whitridge  as 
Receiver  of  said  company  be  and  they  hereby  are  directed  and  required  to  run  on  the  Grand  and  Desbrosses 
Line  to  Brooklyn  all  westbound  cars  from  the  Brooklyn  end  of  the  Williamsburg  Bridge  at  least  to  Broadway, 
and  all  eastbound  cars  at  least  to  the  Brooklyn  end  of  the  Williamsburg  Bridge. 

(4)  That  said  Dry  Dock,  East  Broadway  &  Battery  Railroad  Company  and  said  F.  W.  Whitridge 
as  Receiver  of  said  company  be  and  they  hereby  are  directed  and  required  to  institute  such  changes,  im- 
provements and  additions  by  or  before  the  ist  day  of  May,  1908. 

This  order  shall  continue  in  force  until  such  time  as  the  Public  Service  Commission  for  the  First 
District  shall  otherwise  order. 

(5)  IT  IS  FURTHER  ORDERED:  That  said  Dry  Dock,  East  Broadway  &  Battery  Railroad  Company 
and  said  F.  W.  Whitridge  as  Receiver  of  said  company  notify  the  PubHc  Service  Commission  for  the 
First  District  within  five  (5)  days  after  service  of  this  order  upon  them  whether  the  terms  of  this  order 
are   accepted   and    will   be   obeyed. 

Order  421. 
Travis'  H.  Whitney,  Esq.,  New  York,  April  23,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  received  from  you  final  order  No.  421  in  respect  to  the  service  on  the  Dry  Dock, 
East  Broadway  and  Battery  Railroad,  In  reply  thereto  I  can  only  repeat  the  substance  of  the 
letter  which  I  addressed  to  you  on  April  6th,  copy  of  which  I  enclose  to  you  herewith. . 

I  am  informed  by  Mr.  Maher  that  my  letters  in  relation  to  these  matters  are  not  part  of 
your  records,  and  I  venture  to  think  that  they  are  essential  parts  of  the  record. 

From  this  you  will  perceive  that  I  agree  with  the  Commission  that  this  service  should  be 
remedied.     I  have  ordered  cars  with  which  to  remedy  it  and  as  soon  as  they  arrive  I  expect  to 
be  in  position  to  remedy  it  substantially  in  the  manner  ordered  by  them. 
Enclosure:  i.  Yours  truly. 

Sec.  P.  Receiver. 

Order  424. 

At  a  meeting  of  the  Public  Service   Commission  for  the   First  District,  duly 
held  at  its  office.  No.   154  Nassau  Street,  Borough  of  Manhattan,  City 
and  State  of  New  York,  on  the  17th  day  of  April,  1908. 
Present :  , 

Wm.  McCarroll,     '    ^ 
Acting   Chairman;    j 
John   E.   Eustis,  L Commissioners. 

Milo  R.  Maltbie,         | 
Edward   M.    Bassett, J 


In  the  Matter 
of  the 

Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  Improvement  (   t?;„,,  OrH^r 
m  and  Addition  to  the  Service  of  the  THIRD  AVENUE  RAILROAD  COM-)      No   424 
PANY  and  of  Frederick  W.  Whitridge,  as  Receiver  of  said  Company,  in  re- 
spect to  the  Third  Avenue  and  Amsterdam  Avenue  line. 

Under  order  for  Hearing  No.  404,  dated  April  7,  1908. 


This   matter  coming  on   upon   the   report  of  the  hearing  had  herein  on  April  16,  1908,  and  it  appear- 

34 


ing  that  the  said  hearing  was  held  pursuant  to  Hearing  Order  464  of  this  Commission,  dated  April  7,  1908, 
and  returnable  on  April  16,  1908,  at  2 130  P.  M.,  and  it  Appearing  that  said  order  was  duly  served  upon  said 
F.  W.  Whitridge  as  Receiver  of  the  Third  Avenue  Railroad  Company  on  the  8th  day  of  April,  1908,  and  that 
said  Third  Avenue  Railroad  Company  had  due  notice  of  said  hearing,  and  that  said  hearing  was  had  by 
and  before  the  Commission  on  the  matters  embraced  in  said  order  for  a  hearing  on  the  i6th  day  of  April, 
1908,  before  Mr.  Commissioner  Maltbie,  presiding,  Albert  H.  Walker,  Esq.,  appearing  for  the  Commission, 
Edward  A.  Maher,  Esq.,  appearing  for  said  Receiver,  and  proof  having  been  taken  upon  said  hearing,  and 
it  being  made  to  appear  after  the  proceedings  on  said  hearing  that  the  service  of  said  Railroad  Company 
and  of  said  F.  W.  Whitridge  as  Receiver  of  said  Company,  in  respect  to  the  transportation  of  persons 
upon  its  Third  Avenue  and  Amsterdam  Avenue  line  in  the  City  and  State  of  New  York,  is  unreasonable, 
improper  and  inadequate  in  that  said  Third  Avenue  Railroad  Company  and  said  F.  W.  Whitridge  as  Re- 
ceiver of  said  Company  do  not  operate  cars  enough  upon  said  Third  Avenue  and  Amsterdam  Avenue  line 
or  with  sufficient  frequency  or  upon  a  reasonable  time  schedule  reasonably  to  accommodate  the  passenger 
traffic  transported  by  them  or  offered  for  transportation  to  them,  and  it  appearing  that  it  would  be  just, 
reasonable  and  proper  that  the  said  service  of  the  said  Third  Avenue  Railroad  Company  and  F.  W.  Whit- 
ridge as  Receiver  of  said  company  be  increased,  supplemented  and  changed  in  the  particulars  hereinafter 
set  forth. 

THEREFORE,  On  motion  of  George   S.   Coleman,  Esq.,  Counsel  to  the  Commission,  it  is 
ORDERED  as  follows: 

(i)  That  said  Third  Avenue  Railroad  Company  and  said  F.  W.  Whitridge  as  Receiver  of  said  com- 
pany be,  and  they  hereby  are,  directed  and  required  to  operate  daily,  including  Sunday,  over  every  point 
of  the  Third  Avenue  and  Amsterdam  Avenue  line  from  the  United  States  Post  Office  in  Park  Row  to  the 
northerly  terminus  of  the  line  at  or  near  iQSth  Street,  either 

(a)  A  sufficient  number  of  cars  in  each  direction  past  any  point  of  observation  to  provide  during 
every  15-minute  period  of  the  day  or  night  a  number  of  seats  at  least  10  per  cent,  in  excess  of  the  number 
of  passengers  at  that  point,  the  number  of  cars  passing  any  point  to  be,  however,  never  less  than  six  per 
hour  in  each  direction,  or 

(b)  Over  that  portion  of  the  above  described  line  south  of  Sixth  Street  a  minimum  number  of  twelve 
cars  in  one  direction  in  each  15-minute  period  in  which  the  provisions  of  subdivision  (a)  above  are  not 
complied  with ;  and  over  that  portion  of  the  line  above  described  north  from  Sixth  Street  a  minimum  num- 
ber of  twenty-five  cars  in  one  direction  in  each  15-minute  period  in  which  the  provisions  of  subdivision  (a) 
above  are  not  complied  with. 

(2)  Thai  said  Third  Avenue  Railroad  Company  and  said  F.  W.  Whitridge  as  Receiver  of  said  com- 
pany be,  and  they  hereby  are,  directed  and  required  to  institute  such  changes,  improvements  and  additions 
by  or  before  the  ist  day  of  May,  1908. 

This  order  shall  continue  in  force  until  such  time  as  the  Public  Service  Commission  for  the  First  Dis- 
trict shall  otherwise  order. 

(3)  IT  IS  FURTHER  ORDERED, 

That  said  Third  Avenue  Railroad  Company  and  said  F.  W.  Whitridge  as  Receiver  of  said  company 
notify  the  Public  Service  Commission  for  the  First  District  within  five  days  after  service  of  this  order  upon 
them  whether  the  terms  of  this  order  are  accepted  and  will  be  obeyed. 


New  York,  April  23,   1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  received  Final  Order  No.  424,  in  respect  to  the  improvements  in  the  service  of  the 
Third  Avenue  Railroad  Company.  I  can  add  nothing  in  reply  to  this  order  to  that  which  is  con- 
tained in  my  letters  to  you  of  April  9th  and  April  i6th,  to  which  I  refer  you.  From  my  letter 
of  April  i6th  you  will  perceive  that  I  am  now  carrying  upwards  of  sixty  thousand  less  passen- 

....  -  35  -      .  ,  . 


gers  every  day  than  at  the  time  your  first  Order  was  made,  and  I  should  suppose  that  the  cars 

I  now  have  would  be  sufficient  to  enable  me  to  comply  with  the  terms  of  this  Order  and  also 

to  take  off  a  certain  number  of  unnecessary  and  unprofitable  cars  now  being  run.    At  all  events 

I  shall  be  happy  to  make  the  endeavor. 

Yours  truly, 


Receiver. 


*Sec.  P. 


New  York,  April  25,  1908. 
Frederick   W.   Whitridge,   Esq., 

Receiver  of  the  Third  Avenue  Railroad  Co., 
65th  Street  and  Third  Avenue, 
New  York  City. 

Dear   Sir:  ' 

I  have  your  two  several  communications  of  the  23d  inst.  relative  to  Final  Orders  Nos.  421  and  424, 
relating  to  the  service  of  the  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company  and  the  Third  Ave- 
nue Railroad  Company,  respectively,  and  beg  to  say  that  they  have  been  referred  to  Commissioner  Maltbic 
for  his  information. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 

Secretary. 
EMR/DMQ 
O-421  and  424 


•     '  New  York,  April  27,   iyo8. 

Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York. 

Dear  Sir: 

On  further  reading  Final  Orders  Nos.  421  and  424,  which  you  served  upon  me  the  other 
day,  I  notice  among  the  recitals  the  statements  reading— "E.  A.  Maher,  Esq.,  appearing  for  said 
Receiver,"  and  "E.  A.  Maher,  General  Manager,  appearing  for  said  railroad  for  said  Receiver." 

I  venture  to  suppose,  from  the  degree  of  formality  with  which  you  have  ordered  Hearings, 
held  Hearings  and  made  Orders  in  connection  with  properties  under  my  charge,  that  the  Public 
Service  Commission  are  anxious  to  have  everything  very  regular  and  very  accurate.  Mr.  E.  A. 
Maher  did  not  appear  for  the  Railroad  Company  nor  for  me  in  either  case,  but  was  allowed 
by  me  to  attend  before  you  when  I  was  informed  that  somebody  from  your  office  had  asked 
that  he  should  attend,  and  I  gave  that  permission  to  save  the  Commission  inconvenience.  The 
statement  in  the  recitals  which  I  have  quoted  is,  therefore,  quite  inaccurate  and  I  should  be 
much  obliged  if  the  Commission  would  kindly  amend  its  orders  accordingly. 

Yours  very  truly, 


36 


i.^' 


Receiver. 


New  York,  April  30,  1908. 
Frederick  W.  Whitridge,  Esq., 

Receiver,  Third  Avenue   Railroad  Company, 

65th  Street  and  Third  Avenue,  ; 

New  York  City. 

Dear  Sir: 

I  have  your  letter  of  the  27th  inst.,  taking  exception  to  the  recitals  in  Final  Orders  Nos.  421   and  424 
to  the  effect  that   E.   A.   Maher,   General   Manager,  appeared  in  those  proceedings  for  you. 

Your  communication  has  been   referred  to  the  Counsel    and   Commissioner    Maltbie. 


Yours   very   truly. 


EMR/TM 
O-421-424 


TRAVIS  H.  WHITNEY, 

Secretary. 


New   York,  May  4th,   1908. 
.Mr.   F.  W.  Whitridge,   Receiver, 
Third    Avenue    Railroad   Co., 

65th   Street  and  Third   Avenue. 
New   York   City. 

Dear  Sir: 

Your  letter  of  April  27th  has  been  referred  to  me.  I  see  no  objection  to  changing  the  order  twuc 
pro  tunc,  so  that  it  will  definitely  appear  that  Mr.  Maher  did  not  appear  as  representing  you.  Probably  the 
lawyer  from  the  Counsel's  office,  who  was  present,  assumed  that  Mr.  Maher  did  appear  for  you,  as  he 
availed  himself  of  the  opportunity  to  cross-examine  the  engineer  of  the  Commission.  Of  course,  we  were 
glad  to  have  him  do  so  in  order  that  the  facts  might  be  fully  brought  out,  and  we  have  never  been  able  to 
understand  why  there  should  be  any  objection  for  a  person  appearing  for  the  receivers.  However,  if  you 
still  desire,  the  order  will  be  amended. 

Very  sincerely, 

MILO  R.  MALTBIE, 
MRM/EMH  Commissioner. 


Order  404. 

Re  Orders  421  and  424. 

New  York,  May  5th,  1908. 
Milo  R.  Maltbie,  Esq., 

Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  yours  of  the  4th,  for  which  I  am  very  much  obliged  to  you.  I  think  it  will  be  de- 
sirable if  you  change  your  Order  in  accordance  with  my  previous  request,  and  I  should  be 
still  further  obliged  if  you  would  do  so. 

I  note  your  general  observation,  and  at  some  time  in  the  future,  when  you  do  me  the 
honor  to  examine  this  property,  as  I  have  always  supposed  you  would  examine  it.  all  things 
which  are  now  dark  will  be  made  plain. 

Yours  truly, 


Receiver. 


^7 


New   York,   May   nth,    1908. 
Mr.   Frederick  W.   Whitridge, 

Receiver,  Third  Avenue  Railroad  Company, 
65th   Street  and  Third  Avenue, 
New  York  City. 

Dear  Mr.  Whitridge: 

I  am  sending  herewith  a  copy  of  a  report  from  our  Transportation  Bureau,  regarding  the  service  on 
the  Grand  Street  line.  This  should  not  be  considered  as  a  precedent  or  in  any  way  indicating  that  similar 
course  will  be  followed  in  the  future.  But  as  this  form  of  order  is  new,  I  have  thought  it  well  to  forward 
the  first  report  to  show  that  the  order  is  not  being  complied  with.  Certain  of  the  violations,  which  are 
more  or  less  technical,  might  be  overlooked  if  they  were  all,  but  there  are  numerous  instances  during  the 
day  in  question  when  a  larger  number  of  cars  should  be  run.  In  other  cases  the  addition  of  a  few  cars 
would  remove  the  overcrowding,  and  I  sincerely  hope  that  by  the  time  the  next  observation  is  made,  the 
necessary  increase  in   service  will   have  been  provided. 

Very  sincerely, 

MILO    R.    MALTBIE, 
MRM/EMH  Commissioner. 


New  York,  May  8th,  1908. 
INVESTIGATION  NO.  287. 
CHECKING  UP  ORDER  NO.  421,  RE  GRAND  &  DESBROSSES  STREET  LINE. 
Mr.  Travis  H.  Whitney, 
Secretary.  ' 

Dear  Sir:  ^ 

For  the  information  of  Commissioner  Maltbie,  I  make  the  following  report  on  checking  up  of  Order 
No.  421,  which  went  into  effect  May   ist,   1908 : 

Section   i  of  the  order  reads  as  follows: 

"(i)  Operate  daily,  including  Sunday,  over  every  point  of  Grand  Street  Crosstown  Line  and  Grand 
&  Desbrosses  Street  Line,  to  Brooklyn,  either 

"(a)  A  sufficient  number  of  cars  in  each  direction  past  any  point  of  observation,  to  provide  during 
every  15-minute  period  of  the  day  or  night  a  10%  excess  of  seats  over  passengers  at  that  point,  the  number 
of  cars  passing  any  point  to  be,  however,  never  less  than  six  cars  per  hour  in  each  direction ;  or 

"(b)  A  minimum  number  of  15  cars  in  one  direction  in  each  15-minute  period  in  which  the  provisions 
of  subdivision    (a)    above  are  not  complied   with." 

For  the  purpose  of  checking  up  this  order,  a  24-hour  observation  was  taken  at  Grand  and  Essex  Streets, 
beginning  at  6  A.  M.  on  May  4th,  1908. 

The    followmg    violations    of   the    order    were    noted: 


Violation 

Time 

Cars 

Excess  Seats 

Cars  wi 

No. 

A.M. 

Direction 

Opertd. 

ovei 

•  Pass'rs 

Pass.  St( 

6:00-  6:15 

West 

10 

53% 

2 

I 

6:15-  6:30 

10 

5% 

3 

2 

6:30-  6:45 

14 

9% 

3 

6:45-  7:00 

18 

27% 

4 

7:4s-  8:00 

18 

av. 

16  stndg. 

13 

3 

8:00-  8:15 

13 

« 

24       " 

13 

4 

8:15-  8:30 

10 

" 

28       " 

9 

8:30-  8:45 

16 

" 

3      " 

10 

5 

8:45-  9:00 

12 

" 

22      " 

II 

6 

9:00-  9:15 

14 

1% 

4 

7 

9:15-  9:30 

12 

" 

2  stndg. 

5 

9:30-  9:45 

II 

10% 

None 

8 

9:45-10:00 

10 

6% 

I 

9 

10:15-10:30 

8 

6% 

2 

10:15-10:30 

14 

26% 

3 

38 


Violation 
No. 

ID 
II 


12 

M 
14 

16 

17 

18 
19 


21 
22 
23 


24 


Time 
A.M. 


25 


26 


27 


10:30-10 
10:45-11 
II  :oo-ii 
11:15-11 
11:30-11 
11:45-12 
P.M 
12:00-12 

A.  M 
11:45-12 
12:00-12 
12:15-12 
12:45-  I 
I  :oo-  I 

1:15-  I 
2:00-  2 
2:15-  2 
2:30-  2 
2:15-  2 
2:30-  2 
2:45-  3 
4:45-  5 
5:00-5 

5:15-  5 
4:45-  5 
5:00-  5 

5:15-  5 
5:30-  5 
5:45-  6 
6:00-  6 
6:15-  6 
6:30-  6 

6:45-  7 
7:00-  7 
7:15-  7 
7:30-  7 
7:45-  8 
8:00-  8 
7:45-  8 
8:00-  8 
8:15-  8 
8:30-  8 

8:45-  9 
8:30-  8 

8:45-  9 
9:00-  9 


45 
00 

15 
30 
45 
00 

15 


00 

15 
30 
00 
15 
30 
15 
30 
45 
30 
45 
00 
00 
15 
30 
00 
15 
30 
45 
00 

15 
30 
45 
00 

15 
30 
45 
00 

15 
00 

IS 
30 

45 
00 

45 
00 

15 


Direction 

West 


East 


West 


East 


West 


East 


West 


East 


Cars 
Opertd. 

8 
II 

8 
12 
10 

9 


Excess  Seats 
over  Pass'rs 

7% 
48% 

7% 
11% 
87% 

9% 

14% 


Cars  with 
Pass.  Stdg. 

3 
2 

4 

3 

None 

2 


II 

2S7c 

I 

9 

7% 

2 

13 

44% 

I 

10 

42% 

I 

7 

av.  2  stndg. 

3 

7 

23% 

4 

6 

24% 

I 

10 

8% 

4 

II 

73% 

None 

12 

22% 

4 

ID 

Full 

3 

II 

43% 

None 

12 

26% 

2 

5 

5% 

I 

22 

124% 

3 

14 

39% 

I 

13 

9% 

3 

Q              av.  16  stndg. 

5 

18 

'      9      " 

12 

15 

'     18      " 

II 

14 

'    23      " 

12 

19 

'     18      " 

17 

II 

'     16      " 

9 

14 

'     10      " 

9 

10 

<      g      ., 

7 

14 

49% 

I 

14 

59% 

2 

8 

Full 

4 

II 

46% 

2 

10 

32% 

2 

7 

av.  I  stndg. 

3 

6 

39%' 

None 

6 

4% 

2 

8 

60% 

None 

9 

5o%> 

None 

6 

4% 

3 

6 

64% 

None 

During  the  night  there  were  at  all  times  at  least  six  cars  per  hour.  In  all.  there  were  27  violations  of 
the  order,  of  which  number  No.  i  is  technical ;  taken  with  preceding  period,  it  would  be  O.  K. ;  No.  2, 
taken  with  following  period,  would  be  O.  K. ;  Nos.  3  to  8,  inclusive,  are  direct  violations ;  No.  9  taken 
with  following  period,  would  be  O.  K. ;  No.  10,  taken  with  preceding  or  following  period,  would  be  O.  K. ; 
No.  II,  taken  with  preceding  period,  would  be  O.  K. ;  Nos.  12  to  17,  inclusive,  are  technical,  and  taken  with 
periods  preceding  or  following,  would  be  O.  K. ;  No.  17  is  evidently  due  to  a  block;  No.  18  is  technical, 
and  taken  with  preceding  period,  would  be  O.  K. ;  Nos.  19  and  20,  taken  with  following  period,  would 
be  O.  K. ;  Nos.  21,  22  and  23  are  direct  violations ;  Nos.  24  to  27.  inclusive,  are  technical,  and  taken  with 
preceding  or  following  periods,  would  be  O.  K. 

This  shows  that  for  the  entire  day  there  were  9  fifteen-minute  periods  in  which  the  order  was  not 
complied    with,   and    18   additional   pei;iods   when   there  was  a  technical  violation. 

39 


Mr.  Maher,  manager  of  this  line,  testified  that  25  new  cars  had  been  contracted  for,  and  that  delivery 
was  expected  about  May  ist,  1908.  These  cars  have  not  yet  been  put  in  service,  and  I  will  have  another 
observation  taken  shortly  to  report  on  condition  of  service  when  the  new  cars  are  operated. 

Yours  very  truly, 

D.  J.  TURNER, 
Transit  Engineer. 
HCL/WG 


Re  Order  421. 

New  York,  May   12,    1908. 
Milo  R.  Maltbie,  Esq., 

Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Mr.  Maltbie: 

I  have  yours  of  the  nth  instant,  for  which  I  am  very  much  obliged  to  you.  I  have  said  in 
my  letter  in  respect  to  the  Order  upon  the  Dry  Dock  Road,  which  was  made  some  time  ago, 
everything  that  there  is  to  be  said  in  relation  to  this  service,  and  I  believe  Mr.  Maher  has,  in 
conversation,  reiterated  that.  I  ordered  some  new  cars  months  ago  for  the  42d  Street  and  the 
Dry  Dock  Roads.  The  first  of  them  were  promised  in  the  middle  of  April ;  only  f6ur  of  them 
have  as  yet  arrived ;  they  are  being  mounted  and  will  be  in  service  this  week.  Until  these  cars 
arrive,  of  course,  I  can  do  nothing,  and  if  you  will  permit  me  to  be  quite  frank  with  you — what 
is  the  sense  of  your  Commission  making  orders  directing  me  to  do  things  which  cannot  possi- 
bly be  done?    Every  car  we  have  got  is  in  service  and  no  amount  of  orders  can  create  cars. 

I  am  anxious  to  conform  to  all  the  laws  and  to  meet  any  suggestions  which  anybody  can 
make  to  me  to  increase  the  efficiency  of  the  roads  committed  to  my  charge,  and  any  evidence  of 
personal  interest  in  anything  affecting  the  roads,  such  as  your  letter,  is  very  grateful  to  me. 
These  long  range  Hearings  and  Orders  which  ignore  facts,  it  really  seems  to  me  are  a  mistake. 
I  have  upon  two  or  three  occasions  intimated  my  desire  that  the  members  of  your  Commission 
would  honor  me  with  a  call,  and  I  venture  to  think  that  the  knowledge  which  you  could  get 
from  personally  looking  at  things  and  talking  with  me  about  them  would  be  of  great  assistance 
to  you  as  well  as  to  me. 

Yours  very  truly, 

'      -  .       ■         '  Receiver. 


40 


Order  469. 
At  a  Meeting  of  the  Public  Service  Commission  for  the  First  District,  duly 
held  at  its  office,  No.  154  Nassau  Street,   Borough  of  Manhattan,  City 
and  State  of  New  York,  on  the  8th  day  of  May,  1908. 


Present : 

William  R.  Willcox, 

Chairman ; 
William  McCarroll, 
Edward  M.  Bassett. 
Milo  R.  Maltbie, 
John  E.  Eustis, 


>  Commissioners. 


In  the  Matter 

of  the 

Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  ImprovementV    Order  No.  469 
in  and  Addition  to  the  Service  of  the  THIRD  AVENUE  RAILROAD  COM-/        Amending   Final 
PANY  and  of  Frederick  W.  Whitridge,  as  Receiver  of  said  Company,  in  re-\         Uruer  >  o.  4  4. 
spect  to  the  Third  Avenue  and  Amsterdam  Avenue  line. 

Under  Order  for  Hearing  No.  404,  dated  April  7,   1908. 

An  order  known  as  Order  No.  424  having  been  duly  made  by  the  Commission  on  the  17th  day  of 
April,  1908,  and  F.  W.  Whitridge  of  the  Third  Avenue  Railroad  Company,  having  thereafter  objected  to 
the  recital  therein  as  follows,  "Edward  A.  Maher,  Esq.,  appearing  for  said  Receiver,"  on  the  ground  that 
from  such  recital  the  inference  might  be  drawn  that  said  Edward  A.  Maher  appeared  on  behalf  of  said  Re- 
ceiver, the  fact  being  that  he  attended  at  the  request  of  the  Commission,  it  is 

ORDERED,  that  said  Order  No.  424  be  and  the  same  hereby  is  amended  nunc  pro  tunc  as  of  the 
17th  day  of  April,  1908,  by  striking  out  the  words,  "Edward  A.  Maher,  Esq.,  appearing  for  said  Receiver," 
and  inserting  instead  the  words,  "Edward  A.  Maher,  General  Manager  of  the  Third  Avenue  Railroad  Com- 
pany, for  its  Receiver,  attending,  at  the  request  of  the  Commission,"  so  that  said  order  as  amended  shall 
read  as  follows: 

At  a  Meeting  of  the  Public  Service  Commission  for  the  First  District,  duly 
held   at  its  office,  No.   154  Nassau  Street,  Borough   of  Manhattan,  City 
and  State  of  New  York,  on  the  17th  day  of  April,  1908. 
Present : 

Wm.  McCarroll, 


Acting   Chairman ; 
Edward  M.  Bassett, 
Milo  R.   Mahbie, 
John  E.  Eustis, 


>■  Commissioners. 


In  the  Matter 

of  the 

Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  Improvement!    pjjjgj  Order 
in  and  Addition  to  the  service  of  the  THIRD  AVENUE  RAILROAD  COM-)       No.  424. 
PANY   and    of    Frederick    W.    Whitridge,    as    Receiver   of    said    Company,    in| 
respect  to  the  Third  Avenue  and  Amsterdam  Avenue  line. 


Under  Order  for  Hearing  No.  404,  dated  April  7,  1908. 


This  matter  coming  on  upon  the  report  of  the  hearing  had  herein  on  April  16,   1908,  and  it  appearing 
that  the  said  hearing  was  held  pursuant  to  Hearing  Order   404   of   this   Commission,   dated   April   7,    1908, 

41 


and  returnable  on  April  i6,  1908,  at  2:30  P.  M.,  and  it  appearing  that  said  order  was  duly  served  upon 
said  F.  W.  Whitridge,  as  Receiver  of  the  Third  Avenue  Railroad  Company,  on  the  8th  day  of  April,  1908, 
and  that  said  Third  Avenue  Railroad  Company  had  due  notice  of  said  hearing,  and  that  said  hearing  was 
had  by  and  before  the  Commission  on  the  matters  embraced  in  said  order  for  a  hearing  on  the  i6th  day 
of  April,  1908,  before  Mr.  Commissioner  Maltbie  presiding,  Albert  H.  Walker,  Esq.,  appearing  for  the  Com- 
mission, Edward  A.  Maher,  General  Manager  of  the  Third  Avenue  Railroad  Company,  for  its  Receiver, 
attending,  at  the  request  of  the  Commission,  and  proof  having  been  taken  upon  said  hearing,  and  it  being 
made  to  appear  after  the  proceedings  on  said  hearing  that  the  service  of  said  Railroad  Company  and  of  said 
F.  W.  Whitridge,  as  Receiver  of  said  Company,  in  respect  to  the  transportation  of  persons  upon  its  Third 
Avenue  and  Amsterdam  Avenue  line  in  the  City  and  State  of  New  York,  is  unreasonable,  improper  and  in- 
adequate in  that  said  Third  Avenue  Railroad  Company  and  said  F.  W.  Whitridge,  as  Receiver  of  said  Com- 
pany, do  not  operate  cars  enough  upon  said  Third  Avenue  and  Amsterdam  Avenue  line  or  with  sufficient 
frequency  or  upon  a  reasonable  time  schedule  reasonably  to  accommodate  the  passenger  traffic  transported 
by  them  or  offered  for  transportation  to  them,  and  it  appearing  that  it  would  be  just,  reasonable  and  proper 
that  the  said  service  of  the  said  Third  Avenue  Railroad  Company  and  F.  W.  Whitridge,  as  Receiver  of 
said   Company,   be   increased,   supplemented   and   changed  in  the  particulars  hereinafter  set  forth : 

THEREFORE,  On  motion  of  George  S.  Coleman,  Esq.,  Counsel  to  the  Commission,  it  is 

ORDERED  as  follows: 

(i)  That  said  Third  Avenue  Railroad  Company  and  said  F.  W.  Whitridge,  as  Receiver  of  said  Com- 
pany, be,  and  they  hereby  are,  directed  and  required  to  operate  daily,  including  Sunday,  over  every  point 
of  the  Third  Avenue  and  Amsterdam  Avenue  line  from  the  United  States  Post  Office  in  Park  Row  to  the 
northerly  terminus  of  the  line  at  or  near  195th  Street,  either 

(a)  A  suffcient  number  of  cars  in  each  direction  past  any  point  of  observation  to  provide  during  every 
15-minute  period  of  the  day.  or  night  a  number  of  seats  at  least  10  per  cent,  in  excess  of  the  number  of 
passengers  at  that  point;  the  number  of  cars  passing  any  point  to  be,  however,  never  less  than  six  per  hour 
in  each   direction,  or 

(b)  Over  that  portion  of  the  above  described  line  south  of  Sixth  Street  a  minimum  number  of  twelve 
cars  in  one  direction  in  each  15-minute  period  in  which  the  provisions  of  subdivision  (a)  above  are  not 
complied  with;  and  over  that  portion  of  the  line  above  described  north  from  Sixth  Street  a  minimum  num- 
ber of  twenty-five  cars  in  one  direction  in  each  15-minute  period  in  which  the  provisions  of  subdivision 
(a)  above  are  not  complied  with. 

(2)  That  said  Third  Avenue  Railroad  Company  and  said  F.  W.  Whitridge,  as  Receiver  of  said  Com- 
pany, be,  and  they  hereby  are,  directed  and  required  to  institute  such  changes,  improvements  and  additions 
by  or  before  the  ist  day  of  May,  1908. 

This  order  shall  continue  in  force  until  such  time  as  the  Public  Service  Commission  for  the  First  Dis- 
trict shall  otherwise  order. 

(3)  IT  IS  FURTHER  ORDERED, 

That  said  Third  Avenue  Railroad  Company  and  said  F.  W.  Whitridge,  as  Receiver  of  said  Company, 
notify  the  Public  Service  Commission  for  the  First  District  within  five  days  after  service  of  this  order 
upon  them  whether  the  terms  of  this  order   are  accepted  and  will  be  obeyed. 


46 


At  a  Meeting  of  the  Public  Service  Commission  for  the  First  District,  duly 
held  at  its  office,  No.  154  Nassau  Street,  Borough  of  Manhattan,  City 
and  State  of  New  York,  on  the  8th  day  of  May,  1908. 


Present : 

William  R.  Willcox, 

Chairman : 
William  McCarroll, 
Edward  M.   Bassett, 
Milo  R.  Maltbie, 
John  E.  Eustis, 


>- Commissioners. 


Final   Order  No.  472, 
>      Amending  Final 
Order  No.  421. 


In  the  Matter 

of  the 

Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  Improvements 
in  and  Additions  to  the  Service  of  the  DRY  DOCK,  EAST  BROADWAY 
AND  BATTERY  RAILROAD  COMPANY  and  of  F.  W.  WHITRIDGE,  as 
Receiver  of  the  said  Company,  in  respect  to  the  Grand  Street  Crosstown  Line 
and  in  respect  to  the  Grand  and  Desbrosses  Line  to  Brooklyn. 

After  Order  for  Hearing  No.  397,  dated  April  3,  1908, 

and 

Final  Order  No.  421,  dated  April  17,  1908. 


Final  Order  No.  421  having  been  made  and  served  herein,  dated  the  17th  day  of  April,  1908,  which  con- 
tained the  following  recital : — "Edward  A.  Maher,  Esq.,  General  Manager,  appearing  for  said  railroad  com- 
pany and  for  said  Receiver,"  and  it  having  been  made  to  appear  by  letter  of  P.  W.  Whitridge,  Receiver 
of  said  railroad  company,  dated  April  27,  1908,  and  addressed  to  the  Secretary  of  the  Commission,  that 
said  Edward  A.  Maher  attended  the  hearing  herein  as  a  witness  at  the  request  of  the  Commissioij  and  did 
not  appear  for  said  railroad  company  or  for  said  Receiver,  and  that  it  is  suitable  and  proper  that  said  Order 
No.  421  be  changed  and  modified  accordingly, 

NOW,  on  motion  of  GEORGE  S.  COLEMAN,  ESQ.,  Counsel  to  the  Commission,  it  is 

ORDERED,  that  said  Final  Order  No.  421  be  and  the  same  is  hereby  changed  and  modified  nunc  pro 
tunc  as  of  the  17th  day  of  April,  1908,  so  as  to  read  as  follows: 

At  a  Meeting  of  the  Public  Service  Commission  for  the  First  District,  duly 
held  at  its  office,  No.  154  Nassau  Street,  Borough  of  Manhattan,  City 
and  State  of  New  York,  on  the  17th  day  of  April,  1908. 

Present : 

William  McCarroll, 


Acting  Chairman ; 
Edward  M.  Bassett, 
Milo  R.  Maltbie, 
John  E.  Eustis, 


Commissioners. 


In  the  Matter 
of  the 

Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  Improvements  I 
in  and  Additions  to  the   Service   of  the   DRY   DOCK,   EAST   BROADWAY 
AND   BATTERY   RAILROAD   COMPANY  and  of   F.   W.   WHITRIDGE,/ 
as  Receiver  of  the  said  Company,  in  respect  to  the   Grand  Street  Crosstown' 
Line  and  in  respect  to  the  Grand  and  Desbrosses  Line  to  Brooklyn. 
Under  Order  for  Hearing  No.  397,  dated  April  3,  1908. 


Final  Order 
No.  421. 


This  matter  coming  on  upon  the  report  of  the  hearing  had  herein  on  April  13,  14  and  16,  1908,  and  it  ap- 
pearing that  the  said  hearing  was  held  pursuant  to  hearing  order  No.  397  of  this  Commission,  dated  April 

43 


3,  iQoS,  and  returnable  on  April  13,  1908,  at  2:30  P.  M.,  and  it  appearing  that  said  order  was  duly  served  upon 
said  F.  W.  Whitridge,  as  Receiver  of  the  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company,  on  the 
4th  day  of  April,  1908,  and  that  such  service  was  by  him  duly  acknowledged,  and  that  said  Dry  Dock,  East 
Broadway  and  Battery  Railroad  Company  had  due  notice  of  said  hearing,  and  that  said  hearing  was  had 
by  and  before  the  Commission  on  the  matters  embraced  in  said  order  for  hearing  on  the  13th,  14th  and  i6th 
days  of  April,  1908,  before  Mr.  Commissioner  Maltbie  presiding,  Harry  M.  Chamberlain,  Esq.,  appearing  for 
the  Commission,  and  no  one  appearing  for  said  railroad  company  or  for  F.  W.  Whitridge,  Receiver  of  said 
Company,  and  proof  having  been  taken  upon  said  hearing,  and  it  being  made  to  appear  after  the  proceedings 
on  said  hearing  that  the  service  of  said  railroad  company  and  of  said  F.  W.  Whitridge,  as  Receiver  of  said 
Company,  in  respect  to  the  transportation  of  persons  upon  its  lines,  the  Grand  Street  Crosstown  Line  and  the 
Grand  and  Desbrosses  Line  to  Brooklyn,  in  the  City  and  State  of  New  York,  are  unreasonable,  improper  and 
inadequate  in  that  said  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company  and  said  F.  W.  Whitridge, 
as  Receiver  of  said  Company,  do  not  operate  cars  enough  upon  said  lines  or  with  sufficient  frequency  or  upon 
a  reasonable  time  schedule  reasonably  to  accommodate  the  passenger  traffic  transported  by  them  or  ofifercd 
for  transportation  to  them,  and  it  appearing  that  it  would  be  just,  reasonable  and  proper  that  the  said  serv- 
ice of  the  said  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company  and  of  F.  W.  Whitridge,  as  its 
Receiver,  be  increased,  supplemented  and  changed  in  the  particulars  hereinafter  set  forth: 

THEREFORE,  on  motion  of  GEORGE  S.  COLEMAN,   ESQ.,   Counsel   to   the   Commission,   it   is 

ORDERED  as  follows: 

(i)  That  said  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company  and  said  F.  W.  Whitridge,  as 
Receiver  of  said  Company,  be  and  they  hereby  are  directed  and  required  to  operate  daily,  including  Sun- 
day, over  every  point  of  said  Grand  Street  Crosstown  Line  and  said  Grand  and  Desbrosses  Line  to  Brooklyn, 
either 

(a)  a  sufficient  number  of  cars  in  each  direction  past  any  point  of  observation  to  provide  during  every 
fifteen-minute  period  of  the  day  or  night  a  ten  per  cent.  (10%)  excess  of  seats  over  passengers  at  that  point; 
the  number  of  cars  passing  any  point  to  be,  however,  never  less  than  six  (6)  cars  per  hour  in  each  direc- 
tion ;  or  • 

(b)  a  minimum  number  of  fifteen  (15)  cars  in  one  direction  in  each  fifteen-minute  period  in  which  the 
provisions  of  subdivision    (a)    above  are  not  complied  with. 

(2)  That  said  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company  and  said  F.  W.  Whitridge,  as 
Receiver  of  said  Company,  be  and  they  hereby  are  directed  and  required  to  run  on  said  Grand  Street  Cross- 
town  Line  all  westbound  cars  from  Grand  Street  Ferry  at  least  to  Broadway,  and  all  eastbound  cars  at  least 
to  the  Ferry. 

(3)  That  said  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company  and  said  F,  W.  Whitridge,  as 
Receiver  of  said  Company,  be  and  they  hereby  are  directed  and  required  to  run  on  the  Grand  and  Des- 
brosses Line  to  Brooklyn  all  westbound  cars  from  the  Brooklyn  end  of  the  Williamsburg  Bridge  at  least  to 
Broadway,   and   all   eastbound   cars   at  least  to  the  Brooklyn  end  of  the  Williamsburg  Bridge. 

(4)  That  said  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company  and  said  F.  W.  Whitridge,  as 
Receiver  of  said  Company,  be  and  they  hereby  are  directed  and  required  to  institute  such  changes,  improve- 
ments and  additions  by  or  before  the  ist  day  of  May,    1908. 

This  order  shall  continue  in  force  until  such  time  as  the  Public  Service  Commission  for  the  First  Dis- 
trict shall  otherwise  order. 

(5)  IT  IS  FURTHER  ORDERED:  That  said  Dry  Dock,  East  Broadway  and  Battery  Railroad  Com- 
pany and  said  F.  W.  Whitridge,  as  Receiver  of  said  Company,  notify  the  Public  Service  Commission  for  the 
First  District  within  five  (5)  days  after  service  of  this  order  upon  them  whether  the  terms  of  this  order  are 
accepted  and  will  be  obeyed. 

44  .        .  - 


Order  472. 

JJew  York,  May  8,  1908. 
Frederick  W.  Whitridge,  Esq., 

Receiver,    Dry    Dock,    East    B'way    and    Battery  R.  R. 
65th  Street  and  Third  Avenue, 
New  York  City. 
Dear   Sir : 

I  transmit  herewith  a  certified  copy  of  Order  No.  472,  adopted  by  the  Commission  at  its  meeting  to-day. 
The  Order  as  amended  embodies   the  suggestions  made  by  you. 

Yours  very  truly, 

TRAVIS   H.   WHITNEY, 
EMR/DMQ  .  Secretary. 

Enc.  i 

Q-472. 


Order  472. 

New  York,  May  12th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  yours  of  the  8th  instant,  enclosing  Order  No.  472,  from  which  it  appears  that  the 
Counsel  of  the  Commission  moved  the  Commission  to  rectify  Order  No.  421,  and  that  the  Com- 
mission granted  his  motion,  and  made  its  Order  No.  421  over  again  in  correct  form,  for  all  of 

which  I  am  very  much  obliged  to  you. 

Yours  truly, 

Receiver. 


New  York,  May  2,  1908. 

Frederick   W.   Whitridge,   Esq., 

Receiver,    Third   Avenue   R.    R.   Co., 
65th  Street  and  Third  Avenue, 
New  York  City. 

Dear   Sir: 

I  beg  to  acknowledge  receipt  of  your  communication  of  the  30th  ult.,  containing  an  expression  of  your 
opinion  that  the  present  service  on  the  Kingsbridge  line,  upon  which  an  order  was  adopted  by  the  Com- 
mission, is  sufficient  and  reasonable. 

Your  request  that  this  letter  be  made  a  part  of  the  record  in  the  event  of  any  subsequent  order  being 
made  has  been   referred  to  Commissioner   Maltbie. 

Yours   very   trulv, 

TRAVIS    H.    WHITNEY, 

Secretary. 
EMR/TM 
0-435- 

45 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter 
of  the 
Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  Improvements!     Order  for  Hearing 
in  and  Addition  to  the  Service  of  the  THIRD  AVENUE  RAILROAD  COM-/       No.  435- 
PANY  and   of  FREDERICK  W.  WHITRIDGE,  as   Receiver  of  said  Com- 
pany. 

"Kingsbridge  Surface  Line." 

IT  IS  HEREBY  ORDERED:  That  a  hearing  be  had  on  the  6th  day  of  May,  1908,  at  3:00  o'clock  in  the 
afternoon,  or  at  any  time  or  times  to  which  the  same  may  be  adjourned,  at  the  rooms  of  the  Commission,  No. 
154  Nassau  Street,  Borough  of  Manhattan,  City  of  New  York,  State  of  New  York,  to  inquire  whether  the 
regulations,  practices  and  service  of  the  Third  Avenue  Railroad  Company,  or  of  Frederick  W.  Whitridge,  as 
Receiver  of  the  said  Third  Avenue  Railroad  Company,  in  respect  to  transportation  of  persons  jn  the  First 
District  on  the  Kingsbridge  surface  line,  are  unreasonable,  improper  or  inadequate,  and  whether  the  said 
Third  Avenue  Railroad  Company,  or  the  said  Frederick  W.  Whitridge,  as  Receiver  of  the  said  Third  Ave- 
nue Railroad  Company,  run  cars  enough  or  with  sufficient  frequency  or  upon  a  reasonable  time  schedule 
reasonably  to  accommodate  passenger  traffic  transported  by  them  or  offered  for  transportation  to  them,  and  if 
such  be  found  to  be  the  fact  then  to  determine  whether  it  is  reasonably  necessary  to  accommodate  and  trans- 
port the  said  traffic  transported  or  offered  for  transportation,  and  is  and  will  be  just,  reasonable,  proper 
and  adequate  to  direct  that  the  service  of  the  said  Third  Avenue  Railroad  Company,  or  of  Frederick  W. 
Whitridge,  its  Receiver,  on  the  Kingsbridge  surface  line,  be  increased,  supplemented  and  changed  in  the  fol- 
lowing manner,  that  is  to  say : 

(i)  By  routing  cars  from  125th  Street  and  East  River  to  the  northerly  terminus  of  the  line  instead  of 
from  125th  Street  and  8th  Avenue  as  at  present. 

(2)  By  operating  daily,  including  Sundays,  except  between  the  hours  of  2  A.  M.  and  5  A.  M.  over  every 
point  of  the  Kingsbridge  Line  between  125th  Street  and  East  River  and  the  northerly  terminus  of  the  line 
a  sufficient  number  of  cars  in  each  direction  past  any  point  of  observation  to  provide  during  every  fifteen- 
minute  period  of  the  day  and  night  a  number  of  seats  at  least  ten  per  cent.  (10%)  in  excess  of  the  number 
of  passengers  at  that  point ;  the  number  of  cars  passing  any  point  to  be,  however,  never  less  than  six  (6)  per 
hour  in  each   direction   except  between   the   hours  of   2  A.  M.  and  5  A.  M. 

(3)  By  making  such  other  and  further  changes  in  the  schedule  and  manner  of  operating  cars  on  the 
Kingsbridge  surface  line  between  125th  Street  and  E^st  River  and  the  northerly  terminus  of  the  line  as 
may  be  just  and  reasonable. 

And  if  any  such  changes,  improvements  or  additions  be  found  to  be  such  as  ought  to  be  made  as  afore- 
said, then  to  determine  what  period  will  be  a  reasonable  time  within  which  the  same  should  be  directed  to 
be  executed. 

All  to  the  end  that  the  Commission  may  make  such  order  or  orders  in  the  premises  as  shall  be  just  and 
reasonable. 

FURTHER  ORDERED :  That  the  said  Third  Avenue  Railroad  Company,  and  Frederick  W.  Whitridge, 
as  Receiver  of  the  Third  Avenue  Railroad  Company,  be  given  at  least  ten  days'  notice  of  such  hearing  by 
service  upon  it,  either  personally  or  by  mail,  of  a  certified  copy  of  this  order,  and  that  at  such  hearing  said 
Company  and  its  Receiver  be  afforded  all  reasonable  opportunity  for  presenting  evidence  and  examining  and 
cross-examining  witnesses  as  to  the  matters  aforesaid. 

Travis  H.  Whitney,  Esq.,  New  York,  April  30,  1908. 

Secretary,  Public  Service  Commission, 
154   Nassau  Street,  New  York  City. 
My  Dear  Sir: 

I  have  received  from  you  Order  for  Hearing  No.  435,  in  respect  to  the  Kingsbridge  surface 
line.     In  reply  thereto  I  beg  to  inform  you  that  the  cars  of  the  Kingsbridge  Line  are  now  run 

46 


from  I25tli  Street  and  East  River  to  the  northerly  terminus  of  the  line,  and  also  that  on  the 

Kingsbridge  Line  cars  are  now  running  in  a  sufficient  number  during  every  15-minute  period  to 

accommodate  10  per  cent,  in  excess  of  the  passengers  that  are  now  being  carried,  and  I  do  not 

think  that  any  changes  in  the  schedule  or  manner  of  operating  cars  on  that  line  are  at  present 

either  just  or  reasonable. 

I  request  that  this  letter  be  made  a  part  of  your  record  in  the  event  of  any  subsequent  order 

being  made  in  respect  to  the  matter. 

Yours  truly, 

Receiver. 
Order  435. 

Travis  H.  Whitney,  Esq.,  New  York,  May  6th,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir  : 

I  have  yours  of  the  2d  instant  replying  to  mine  of  the  30th  ult.,  in  which  you  remark  that  my 
request  that  my  letter  should  be  made  a  part  of  the  record  in  the  event  of  any  subsequent  order 
being  made,  has  been  referred  to  Commissioner  Maltbie. 

I  confess  to  having  been  very  much  surprised  indeed  to  learn  that,  in  cases  where  the  Public 
Service  Commission  have  taken  the  initiative  in  complaining  of  me  and  in  ordering  a  Hearing, 
my  reply  to  their  complaint — legally  speaking,  the  Order  for  hearing  is  what  that  amounts  to — 
has  not  been  made  a  part  of  the  record.  The  reply  of  any  person  accused  under  any  system  of 
jurisprudence  or  quasi  jurisprudence  is  just  as  much  a  part  of  the  record  as  the  complaint  itself. 
I  should  be  very  much  obliged  if  the  Public  Service  Commission  would  take  definite  action  on 
this  matter  and  inform  me  what  it  is,  because,  obviously,  if  the  careful  replies  I  endeavor  to  make 
to  their  complaints  are  not  considered  by  them  as  any  part  of  their  record,  it  is  not  worth  my 
while  to  make  any  reply  at  all  to  any  future  complaints  or  orders  for  Hearing. 

If  you  would  kindly  bring  this  matter  before  the  Commission  and  inform  me  of  their  deci- 
sion, I  shall  be  very  much  obliged. 

Yours  irulv. 

Receiver. 

Frederick  W.   Whitridge,  Esq.,  New  York,   April  27,   1908. 

Receiver  of  the  426   St.,    Manhattanville   and    St. 
Nicholas  Ave.   R.   R.  Co., 

65th  Street  and  Third  Avenue, 
'  New  York  City. 

Dear  Sir: 

I  transmit  herewith  a  certified  copy  of  Order  No.  437,  adopted  by  the  Commission  at  its  meeting  to-day. 
In  acknowledging  receipt  hereof,  I  beg  to  call  your  attention  to  Section  23  of  the  Public  Service  Com- 
mission's Law. 

Yours  very  truly, 
EMR/DMQ  TRAVIS  H.  WHITNEY, 

Enc.  Secretary. 

0-437- 

47 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter 
of  the 
Information  to  be  supplied  by  RAILROAD  CORPORATIONS  and  STREET^    Order  No.  437- 
RAILROAD  CORPORATIONS  within  the  First  District  as  to  number  of 
car  motors,  car  bodies  and  car  trucks  operated  by  them. 

RESOLVED,  that  every  railroad  corporation  and  street  railroad  corporation  under  the  jurisdiction  of 
the  Public  Service  Commission  for  the  First  District  be  and  it  hereby  is  required  to  make  and  file  with  the 
Secretary  of  the  said  Commission: 

(i)  Specific  answer,  semi-annually,  to  each  of  the  questions  shown  on  the  attached  form  entitled  "Table 
of  Car  Motors"  as  to  any  car  motors  owned,  used  or  operated  by  such  company,  said  answers  to  be  made  as 
of  July  ist  and  January  ist  in  each  year,  and  to  be  filed  on  or  before  July  20th  and  January  20th,  respect- 
ively, thereafter;  except  that  the  first  answer  under  this  section  shall  be  made  as  of  May  ist,  1908,  and  shall 
be  filed  on  or  before  May  20th,  1908,  instead  of  being  made  as  of  July  ist,  1908,  and  filed  on  or  before  July 
20th,  1908. 

(2)  Specific  answer,  monthly,  to  each  of  the  questions  shown  on  the  attached  form  entitled  "Table  of 
Car  Motors"  as  to  any  additional  car  motors  owned,  used  or  operated  by  such  company,  after  the  making 
and  filing  of  the  information  required  by  and  under  the  foregoing  requisition  (i),  the  said  answers  to  be 
made  as  of  the  first  day  of  each  month,  and  to  be  filed  on  or  before  the  loth  day  of  such  month  and  to  cover 
such  additional  car  motors  for  the  preceding  month. 

(3)  Specific  answer,  semi-annually,  to  each  of  the  questions  shown  on  the  attached  form  entitled  "Table 
of  Car  Bodies"  as  to  any  car  bodies  owned,  used  or  operated  by  such  company,  the  answers  to  be  made  as 
of  July  1st  and  January  1st  in  each  year,  and  to  be  filed  on  or  before  July  20th  and  January  20th,  respect- 
ively, thereafter ;  except  that  the  first  answer  under  this  section  shall  be  made  as  of  May  ist,  1908,  and 
shall  be  filed  on  or  before  May  20th,  1908,  instead  of  being  made  as  of  July  ist,  1908,  and  filed  on  or  before 
July  20th,  1908. 

(4)  Specific  answer,  monthly,  to  each  of  the  questions  shown  on  the  attached  form  entitled  "Table  of 
Car  Bodies"  as  to  any  additional  car  bodies  owned,  used  or  operated  by  such  company  after  the  making 
and  filing  of  the  information  required  by  and  under  the  foregoing  requisition  (3),  the  said  answers  to  be 
made  as  of  the  first  day  of  each  month,  and  to  be  filed  on  or  before  the  loth  day  of  such  month  and  to  cover 
such   additional   car  bodies   for   the  preceding   month. 

(5)  Specific  answer,  semi-annually,  to  each  of  the  questions  shown  on  the  attached  form  entitled  "Table 
of  Car  Trucks"  as  to  any  car  trucks  owned,  used  or  operated  by  such  company,  the  answers  to  be  made  as 
of  July  1st  and  January  ist  in  each  year  to  be  filed  on  or  before  July  20th  and  January  20th,  respectively, 
thereafter;  except  that  the  first  answer  under  this  section  shall  be  made  as  of  May  ist,  1908.  and  shall  be 
filed  on  or  before  May  20th,  1908,  instead  of  being  made  as  of  July  ist,  1908,  and  filed  on  or  before  July 
20th,   1908. 

(6)  Specific  answer,  monthly,  to  each  of  the  questions  shown  on  the  attached  form  entitled  "Table  of 
Car  Trucks"  as  to  any  additional  car  trucks  owned,  used  or  operated  by  such  company  after  the  making 
and  filing  of  the  information  required  by  and  under  the  foregoing  requisition  (5),  the  said  answer  to  be 
made  as  of  the  first  day  of  each  month  and  to  be  filed  on  or  before  the  loth  day  of  such  month,  and  to  cover 
such  additional  car  trucks  for  the  preceding  month.     And   it  is   further 

RESOLVED,  that  this  order  shall  take  effect  on  the  28th  day  of  April.  1908,  and  shall  continue  in  force 
until  and  including  January  20th,  1910,  unless  earlier  modified  or  abrogated  by  the  Commission. 

48 


New  York,  April  29,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York. 

My  dear  Sir : 

I  beg  to  acknowledge  from  you  a  sheaf  of  letters  enclosing  a  similar  sheaf  of  certified  copies 
of  Order  437,  adopted  by  the  Public  Service  Commission  at  its  meeting  yesterday,  and  also  calling 
my  attention  to  Section  23  of  the  Public  Service  Commission's  Law.  If  you  have  copy  of  the 
Public  Service  Commission's  Law  in  pamphlet  form,  I  shall  be  very  much  obliged  if  you  would 
send  it  to  me.  I  am  anxious  to  comply  with  all  the  laws  there  are,  and  am  prepared  to  increase 
my  force  of  stenographers  and  typewriters  to  any  reasonable  extent  which  may  be  necessary  for 
the  correspondence  in  respect  thereto. 

Yours  truly, 

Receiver. 


New  York,  April  30,  1908. 
Frederick  W.  Whitridge,  Esq., 

Receiver,  Third  Avenue  Railroad  Co., 
65th  Street  and  Third  Avenue, 
New  York   City. 
Dear  Sir: 

I  am  sending  you,  under  separate  cover,  a  copy  of  the  Public  Service  Commission's  Law,  per  your 
request  of  the  29th  inst.,  in  connection  with   Order  No.  437. 

Yours  very  truly, 

TRAVIS    H.   WHITNEY, 
EMR/TM  Secretary. 

0-437. 


New  York,  April  30,   1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York. 

Dear  Sir: 

I  beg  to  acknowledge  herewith  two  additional  certified  copies  of  Order  No.  437,  and  also 
seven  certified  copies  of  Order  No.  443,  adopted  by  the  Public  Service  Commission  at  its  meet- 
ing on  the  28th  instant,  enclosing  in  each  case  several  forms.  Most  of  the  information  therein 
requested  to  be  furnished  the  Commission  I  think  we  can  furnish ;  but  some  of  it  is  not  in  our 
possession,  and  I  doubt  if  it  can  be  obtained.  Such,  for  instance,  a  statement  as  to  costs — if 
there  is  any  information  on  that  subject  extant  it  is  probably  in  the  possession  of  the  Receivers  of 
the  New  York  City  Railway  Company. 

Yours  truly. 

Receiver. 
49 


New  York,  May  6,  1908. 
Mr.   Frederick   W.   Whitridge,   Receiver, 
Third  Avenue  and  65th  Street, 
New  York  City. 
Dear  Sir; 

Under  Order  No.  437,  a  copy  of  which  was  sent,  with  blank  forms,  to  you  as  Receiver  of  Dry  Dock, 
East    Broadway    and    Battery    Railroad    Co.,    42d    Street,    Manhattanville    and    St.    Nicholas    Avenue    Rail- 
road Co.,  and  the  Third  Avenue  Railroad  Co.,  there  appears  on  form  "T  7"  (table  of  car  trucks) 
"SPACE."     This   is   a   typographical   error,   and  should  be  "SPARE." 
This  letter  is  sent  to  you  in  explanation  of  this   item. 

Yours  very  truly, 

A.  W.   M'LIMONT, 

Electrical   Engineer. 
RHN/CO 


New  York,  May  26,  1908. 
Frederick  W.  Whitridge,  Esq., 

Receiver,  Third  Avenue   Railroad  Co., 
6sth   Street  and   Third   Avenue, 
New  York  City. 
Dear  Sir: 

I  beg  to  call  your  attention  to  the  fact  that  this  Commission  has  not  yet  received,  in  compliance 
with  Order  No.  437,  the  reports  of  your  Company,  showing  the  number  of  car  motors,  car  bodies  and 
car  trucks  operated  by  you. 

Compliance  with   thjs   Order   was   due   May  20th,  1908. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
EMR/DMQ  Secretary. 

0-437. 


May  27,  1908. 
Time  for  compliance  with  terms  of  this  Order,  No.  437,  extended  to  June  ist  as  to  Dry  Dock  and 
Union  Railroads. 

R.  W.  K. 

Order  437. 

New  York,  May  27th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York. 

My  Dear  Sir : 

I  have  yours  of  the  26th.  My  people  were  instructed  to  make  the  report  to  you  required  by 
Order  437.  Apparently  there  was  some  confusion  in  their  minds  by  reason  of  the  fact  that  the 
time  for  these  reports,  as  respects  the  Dry  Dock  and  Union  Roads,  was  extended  to  June  ist. 
They  are,  however,  at  work  upon  these  reports  and  you  will  have  them  within  a  few  days.  We 
have  been  under  considerable  pressure,  as  you  know,  in  the  endeavor  to  have  all  our  open  cars 
repaired  by  the  31st. 

Yours  truly. 

Receiver. 
SO 


Frederick  W.  Whitridge,   Esq..  New  York,  April  28th,  1908. 

Receiver,   Union    Railway   Company, 
65th   Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir: 

I   transmit   herewith   a  certified   copy  of   Order  No.  443,  adopted  by  the  Commission  at  its  meeting 
to-day. 

In  acknowledging  receipt  hereof,  I  beg  to  call  your  attention  to  Section  23  of  the  Public  Service 
Commission's  Law.  Yours  very  truly, 

EMR/CD  TRAVIS  H.  WHITNEY, 

Enc.  Secretary. 

0-443- 

May  13,  1908. 
Mr.  Martin  says  he  has  copy  of  this  Order,  No.  443,  served  on  him,  also  No.  437,  and  notice  of  ex- 
tension of   time   for   complying   until  June    ist.  R.  W.  K. 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter 
of 

Information  to  be  supplied  by  every  RAILROAD  CORPORATION  under  the^ 
jurisdiction  of  the  Public  Service  Commission  for  the  First  District,  with  re- 
spect to  the  number  of  cars  owned  and  operated  and  the  kinds  of  Fenders,) 
Wheel  Guards  and  Brakes  with  which  they  are  equipped. 


Order  No.  443. 


RESOLVED:  That  every  Street  Railroad  Corporation  under  the  jurisdiction  of  the  Public  Service 
Commission  for  the   First  District  be  and  hereby  is  required  to  file  with  the  Secretary  of  the  Commis- 
sion, on  or  before  May  10,  1908,  a  full  and  complete  answer  to  each  of  the  questions  in  the  following 
form,  such  answers  to  be  as  of  May  i,  1908: 
To  the  Public  Service  Commission  for  the  First  District: 

Sirs :  This   Company  owns cars   and   operates  upon  its  lines cars,  of  which 

cars  are  owned  by  

These  cars  are  equipped  with  fenders,  wheel  guards  and  brakes,  as  set  forth  below. 


Class  of  Car. 


U 


S 

3 

Owned  by  company 
Owned  by  others    . . , 

Owned  by  company 
Owned  by  others   . .  , 

Owned  by  company 
Owned  by  others   . .  . 


CO 


ro 


> 

3  5 

0 

u'5 

^^• 

"S)"^ 

"5  53 

1; 
h4 

>»  <u 

cSM-i 

tn^ 

s^ 

Remarks: 


Respectfully, 


51 


Order  443. 

New  York,  May  28th,  1908.. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir: 

I  enclose  to  you  herewith  statements  referred  to  in  your  letter  of  yesterday,  and  called  for 

by  Order  No.  443,  which  I  hope  you  will  find  in  order,  and  which,  I  am  informed,  embody  all 

the  information  which  we  have. 

Yours  very  truly, 


Receiver. 


Enclosures : 


At  a  Meeting  of  the  Public  Service  Commission  for  the  First  District,  duly- 
held  at  its  office,  No.  154  Nassau  Street,  in  the  Borough  of  Manhattan, 
City  and  State  of  New  York,  on  the  ist  day  of  May,  1908. 


Present : 

William   R.   Willcox,        -^ 

Chairman ; 
William    McCarroll, 
Edward  M.  Bassett, 
Milo   R.    Maltbie, 
John  E.  Eustis, 


■  Commissioners. 


FRANCIS  P.  KENNEY,  as  President  of  the  Highbridge  Taxpayers'  Alliance, 

Complainant, 
vs. 

UNION  RAILWAY  COMPANY  and  FREDERICK  W.  WHITRIDGE,  as 
Receiver   of  the   Union   Railway   Company, 

Defendants. 

"Extension   of    Boscobel   Avenue   Line   to   the   end   of  Washington    Bridge." 
Under  Order  for  Hearing  No.  407,  dated  April  10,  1908. 


!►  Order  No.  450. 


This  matter  coming  on  upon  the  report  of  the  hearing  had  herein  on  April  22,  1908,  and  it  appearing 
that  said  hearing  was  held  pursuant  to  Order  No.  407  of  this  Commission,  made  upon  the  complaint  and 
answer  herein,  dated  the  loth  day  of  April,  1908,  and  returnable  on  the  22d  day  of  April,  1908,  and  that 
said  order  was  duly  served  upon  said  Union  Railway  Company  and  upon  said  Frederick  W.  Whitridge,  as 
Receiver  of  said  Company,  and  it  appearing  that  said  hearing  was  had  by  and  before  the  Commission  on 
the  matters  embraced  in  the  complaint  and  answer  herein  and  in  said  order  specified,  on  the  aforesaid  date, 
before  Mr.  Commissioner  Eustis  presiding,  Harry  M.  Chamberlain,  Esq.,  Assistant  Counsel,  appearing  for 
the  Commission,  and  E.  V.  R.  Ketchum,  Esq.,  appearing  for  the  complainant,  and  M.  S.  Borland,  Esq.,  of 
Messrs.  Bowers  &  Sands,  attorneys,  appearing  for  said  Union  Railway  Company  and  for  Frederick  W. 
Whitridge,  as  Receiver  of  said  Company,  and  proof  having  been  taken  upon  said  hearing  and  it  having 
been  stipulated  and  agreed  upon  said  hearing  by  and  between  the  parties  thereto  that  an  order  of  this 
Commission  should  issue,  directing  and  requiring  the  said  Union  Railway  Company  and  said  Frederick  W. 
Whitridge,  as  Receiver  of  said  Company,  to  extend  the  Boscobel  Avenue  Line  operated  by  said  Company 
and  by  said  Frederick  W.  Whitridge,  as  its  Receiver,  within  the  City  of  New  York,  from  the  present  west- 
erly terminus  of  said  line  to  the  easterly  line  of  Aqueduct  Avenue,  and  it  having  been  agreed  by  and  between 
the  said  parties  that  such  order  will  be  satisfactory  to   the   complainant   herein   and   will   be   satisfactory   to 

52 


and  will  be  complied  with  by  said  Union  Railway  Company  and  by  said  Frederick  W.  Whitridge,  as  its 
Receiver,  and  it  having  been  made  to  appear  after  the  proceedings  on  said  hearing  that  30  days  would  be 
a   reasonable  time   within   which  such  order  should  be   directed   to  be   executed, 

Now,   on   motion  of  George   S.   Coleman,   Esq.,  Counsel  to  the  Commission,  it  is 

ORDERED :  That  said  Union  Railway  Company  and  said  Frederick  W.  Whitridge,  as  Receiver  of 
said  Company,  be  and  they  hereby  are  directed  and  required  to  extend  the  tracks  of  said  Boscobel  Avenue 
Line  from  the  present  westerly  terminus  of  said  line  to  the  eastern  boundary  of  Aqueduct  Avenue  and  to 
construct  such  extension  within  30  days  from  the  date  of  the  service  of  this  order  upon  them.  This  order 
shall  continue  in  force  until  such  time  as  the  Public  Service  Commission  for  the  First  District  shall  other- 
wise order. 

IT  IS  FURTHER  ORDERED:  That  said  Union  Railway  Company  and  said  Frederick  W.  Whitridge, 
as  its  Receiver,  notify  the  Public  Service  Commission  for  the  First  District  within  five  (5)  days  after  serv- 
ice of  this  order  upon  them  whether  the  terms  of  this  order  are  accepted  and  will  be  obeyed. 

Order  450. 
Travis  H.  Whitney,  Esq.,  New  York,  May  6th,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  received  from  you  Order  No.  450,  and  in  reply  thereto  I  beg  to  say  that,  if  the  neces- 
sary permits  can  be  obtained  from  the  City  authorities,  we  will  construct  the  extension  of  the 
tracks  of  the  Boscobel  Avenue  Line  to  the  eastern  boundary  of  Aqueduct  Avenue. 

Yours  truly. 

Receiver. 

Frederick  W.  Whitridge,  Esq.,  New  York,  May  7,  1908. 

Receiver,  Third  Avenue  Railroad  Co., 
65th    Street   and   Third   Avenue, 
New  York  City. 
Dear  Sir: 

I  beg  to  acknowledge  receipt  of  your  communication  of  the  6th  inst.  and  note  that  if  the  necessary  per- 
mits can  be  obtained  from  the  City  authorities  the  Third  Avenue  Railroad  Company  will  construct  the  ex- 
tension of  the  tracks  of  the  Boscobel  Avenue  Line  to  the   eastern   boundary  of  Aqueduct   Avenue. 

Yours    very    truly, 
EMR/DMQ  TRAVIS  H.  WHITNEY, 

Secretary. 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter 

of 
The  hearing  on  the  motion  of  the  Commission  on  the  question  whether  New 
York  City  Railway  Company  and  Metropolitan  Street  Railway  Company,  or 
Adrian  H.  Joline  and  Douglas  Robinson,  their  Receivers;  Third  Avenue  Rail- 
road Company,  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company  and 
the  Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway 
Company,  or  Frederick  W.  Whitridge,  their  Receiver;  The  Union  Railway 
Company,  or  Frederick  W.  Whitridge,  its  Receiver;  should  not  be  required  to 
give  the  Commission  a  reasonable  notice  in  writing  of  any  proposed  purchase 
of  cars,  brakes,  fenders  or  other  equipment. 

It  is  hereby  ordered  that  a  hearing  be  had  on  the  22d  day  of  May,  1908,  at  2:30  o'clock  in  the  after- 
noon, or  at  any  time  or  times  to  which  the  same  may  be  adjourned,  at  the  rooms  of  the  Commission,  No. 

53 


Hearing  Order 

"     No.   465. 


154  Nassau  Street,  Borough  of  Manhattan,  City  and  State  of  New  York,  to  inquire  whether,  in  order  to 
enable  the  Commission  properly  to  perform  its  duty  of  having  general  supervision  of  all  street  railroads  in 
the  City  of  New  York  and  of  keeping  informed  as  to  their  general  condition  and  the  manner  in  which 
they  are  operated,  as  respects  adequacy,  security  and  accommodation  and  to  determine  whether  their  equip- 
ment, appliances  and  devices  used  or  intended  to  be  used  in  connection  with  the  transportation  of  passen- 
gers, freight  or  property  are  safe,  proper  and  adequate,  said  street  railroad  corporations  or  their  receivers, 
if  any,  should  not  be  required  to  give  reasonable  notice  in  writing  to  the  Commission  of  any  proposed  pur- 
chase by  them,  or  any  of  them,  of  any  cars,  brakes,  fenders  or  other  equipment  and  submit  the  plans  and 
specifications   pertaining  to   such   proposed   purchase. 

All  to  the  end  that  the  Commission  may  make  such  order  or  orders  in  the  premises  as  shall  be  just  and 
reasonable. 

Further  Ordered,  That  the  New  York  City  Railway  Company  and  Metropolitan  Street  Railway  Com- 
pany, or  Adrian  H.  Joline  and  Douglas  Robinson,  their  Receivers ;  Third  Avenue  Railroad  Company,  Dry 
Dock,  East  Broadway  and  Battery  Railroad  Company  and  the  Forty-second  street,  Manhattanville  and  St. 
Nicholas  Avenue  Railway  Company,  or  Frederick  W.  Whitridge,  their  Receiver;  The  Union  Railway  Com- 
pany, or  Frederick  W.  Whitridge,  its  Receiver;  New  York  City  Interborough  Railway  Company,  Southern 
Boulevard  Railroad  Company,  Yonkers  Railroad  Company,  or  Leslie  Sutherland,  its  Receiver;  Westchester 
Electric  Railroad  Company,  or  J.  Addison  Young,  its  Receiver;  Interborough  Rapid  Transit  Company,  City 
Island  Railroad  Company,  Pelham  Park  Railroad  Company,  New  York  and  Queens  County  Railway  Com- 
pany, Long  Island  Electric  Railway  Company,  New  York  and  Long  Island  Traction  Company,  Ocean  Electric 
Railway  Company,  Coney  Island  and  Brooklyn  Railroad  Company,  Van  Brunt  Street  and  Erie  Basin 
Railroad  Company,  Brooklyn  Rapid  Transit  Company,  Brooklyn  Heights  Railroad  Company,  Brooklyn 
Union  Elevated  Railroad  Company,  Nassau  Electric  Railroad  Company,  Brooklyn,  Queens  County  and  Subur- 
ban Railroad  Company,  Coney  Island  and  Gravesend  Railway  Company,  Sea  Beach  Railway  Company,  South 
Brooklyn  Railway  Company,  Bush  Terminal  Railroad  Company,  Richmond  Light  and  Railroad  Company, 
Staten  Island  Midland  Railway  Company,  Bridge  Operating  Company,  Marine  Railway  Company  and  South- 
field  Beach  Railway  Company  be  given  at  least  ten  days'  notice  of  such  hearing  by  service  upon  them, 
either  personally  or  by  mail,  of  a  certified  copy  of  this  order  and  that  at  such  hearing  said  companies  be 
afforded  all  reasonable  opportunity  for  presenting  evidence  and  examining  and  cross-examining  witnesses 
as  to  the  matters  aforesaid. 

Order  465. 

New   York,    May  8,   1908. 
Frederick  W.  Whitridge,  Esq., 

Receiver,  Dry  Dock,  East  Broadway  and   Battery  Railroad  Co.. 
Third    Avenue    and   6sth    Street. 
New  York  City. 
Dear  Sir: 

I  transmit  herewith  a  certified  copy  of  Order  No   465,  adopted  by  the  Commission  at  its  meeting  to-day. 
In    connection    with   your   acknowledgment   of   the  receipt  hereof,  I  beg  to  call  your  attention  to  Section 
23  of  the  Public  Service  Commission's  Law. 

Yours    very   truly, 
EMR/DMQ  TRAVIS  H.  WHITNEY, 

Enc.  Secretary. 

0-465. 


Order  465. 

(Copy.) 

New  York,  May  12,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  received  from  you  on  Saturday  morning  four  copies  of  Hearing  Order  No.  465,  ordering 

a  Hearing  on  the  226.  of  May  to  inquire  whether,    in    order    to    enable    the    Commission    to 

54 


properly  perform  its  duty  of  having  general  supervision  of  all  street  railroads  and  of  keeping 
informed  as  to  their  general  condition,  etc.,  said  railroad  companies  or  their  receivers  should 
not  be  required  to  give  a  reasonable  notice  in  writing  to  the  Commission  of  any  proposed  pur- 
chase by  them  of  any  cars,  brakes,  fenders  or  other  equipment,  and  to  submit  plans  and  specifi- 
cations pertaining  to  such  proposed  purchase. 

I  beg  you  to  accept  my  assurance  that,  so  far  as  the  properties  under  my  charge  are  con- 
cerned, it  is  not  at  all  necessary  to  make  any  such  order,  still  less  is  it  necessary  to  have  a 
Hearing  of  27  different  corporations  or  persons  to  find  out  whether  it  is  desirable  to  make  it, 
because  any  information  in  my  possession  which  will  assist  you  to  keep  informed  as  to  the 
things  you  are  supposed  to  regulate  is  entirely  at  your  service  and  you  have  only  to  ask  for  it  to 
have  it  furnished. 

I  must,  however,  be  allowed  to  point  out  to  you  what  I  should  have  supposed  was  obvious, 
viz. :  that,  in  the  administration  of  a  property  of  the  size  of  the  Third  Avenue  System  it  may 
very  often  be  impracticable  and  even  injudicious  to  give  written  notice  or  any  notice  together 
with  plans  and  specifications  to  a  third  party  before  making  a  purchase  of  necessary  appliances, 
but  in  such  cases  the  plans  and  the  notice  of  purchase  can  be  furnished  to  the  Commission 
after  it  has  been  made. 

I  feel  bound  in  candor  to  add  that,  if  it  should  appear  that  it  was  the  purpose  of  the  Com- 
mission in  collecting  this  information  to  limit  in  any  way  my  right  to  purchase  cars,  brakes, 
fenders  or  other  equipment,  or  to  revise  the  plans  and  specifications  therefor,  I  should  feel 
obliged  to  decline  to  furnish  the  information  requested.  I  am  aware,  and  possibly  the  Com- 
mission may  have  heard,  that  certain  large  capitalists,  manufacturers  and  patentees  desire  to 
standardize  everything  in  connection  with  the  traction  business,  but  the  duty  which  has  been  im- 
posed upon  me  of  doing  the  best  that  I  can  for  the  property  committed  to  my  charge  involves, 
I  consider,  the  necessity  for  me  to  decide  to  the  best  of  my  ability,  upon  the  type,  quality, 
quantity  and  price  of  everything  I  have  to  buy,  and  I  should  not  feel  that  it  was  right  for  me 
to  surrender  that  obligation  even  to  a  public  body. 

Yours  truly. 


Receiver. 


55 


At  a  Meeting  of  the  Public  Service  Commission  for  the  First  District,  duly- 
held  at  its  oflfice,  No.  154  Nassau  Street,  Borough  of  Manhattan,  City 
and  State  of  New  York,  on  the  8th  day  of  May,  1908. 


Present: 

William  R.  Willcox, 

Chairman; 
William  McCarroll, 
Edward  M.  Bassett, 
Milo  R.  Maltbie, 
John  E.   Eustis, 


>  Commissioners. 


WII.UAM  HENDERSON  and  One  Hundred  and  Fifty  Others, 

Complainants, 
against 

UNION  RAILWAY  COMPANY  and  FREDERICK  W.  WHITRIDGE,  as 

Receiver  of  said  Company, 

Defendant. 
"Inadequate  service  on  Fort   Schuyler    Road,    Westchester    Village,    to    Eastern 
Boulevard,  and  proposed  extension  of  line  on   Eastern   Boulevard." 
After  Hearing   Order  No.  368,  dated  March  27,  1908. 


:>  Final   Order  No.  474. 


This  matter  coming'on  upon  the  report  of  the  hearing  had  herein  on  the  8th  day  of  April,  1908, 
and  on  the  isth  day  of  April,  1908,  and  it  appearing  that  the  said  hearing  was  had  by  and  before  the 
Commission  pursuant  to  hearing  order  No.  368,  issued  upon  the  complaint  and  answer  herein  and  return- 
able on  the  8th  day  of  April,  1908,  at  3:30  P.  M.,  and  it  appearing  that  said  order  was  duly  served  upon 
said  Union  Railway  Company,  and  that  such  service  was  by  it  duly  acknowledged,  and  that  said  hear- 
ing was  had  by  and  before  the  Commission  on  the  matters  embraced  in  the  complaint  and  answer  herein 
and  in  said  order  specified  on  the  8th  day  of  April,  1908,  and  on  the  15th  day  of  April,  1908,  before  Mr. 
Commissioner  Eustis  presiding,  Harry  M.  Chamberlain,  Esq.,  Assistant  Counsel,  appearing  for  the 
Commission,  and  M.  S.  Borland,  Esq.,  of  Messrs.  Bowers  &  Sands,  attorneys,  appearing  for  said  Union 
Railway  Company  and  for  Frederick  W.  Whitridge,  as  Receiver  of  said  Company,  and  it  having  been 
made  to  appear  after  the  proceedings  on  said  hearing  that  said  Union  Railway  Company  and  said 
Frederick  W.  Whitridge,  as  Receiver  of  said  Company,  have  done  or  omitted  to  do  certain  acts  which 
are  in  violation  of  some  provision  of  law  or  of  the  terms  and  conditions  of  the  franchise  or  charter  of  said 
Company,  in  failing  to  extend  its  line  from  the  present  terminus  of  its  line  on  Fort  Schuyler  Road  at  the 
intersection  of  Fort  Schuyler  Road  and  Eastern  Boulevard,  along  Eastern  Boulevard  and  the  Town 
Dock  Road  to  Long  Island  Sound,  said  route  being  designated  in  the  franchise  of  said  Company  in 
the  following  language: — "thence  along  said  (Eastern)  Boulevard  to  the  new  road  to  Long  Island  Sound, 
and  thence  along  said  new  road  to  Long  Island  Sound,"  and  it  having  been  made  to  appear  after  the 
proceedings  on  said  hearing  that  it  would  be  just,  reasonable  and  proper  to  require  the  said  Union 
Railway  Company  and  said  Frederick  W.  Whitridge,  as  Receiver  of  said  Company,  to  extend  and 
operate  its  said  line  from  the  present  terminus  thereof  on  said  Fort  Schuyler  Road  as  aforesaid,  along 
Eastern  Boulevard  up  to  the  point  where  said  Town  Dock  Road  intersects  said  Eastern  Boulevard,  and 
as  far  as  the  franchise  of  said  Company  extends  on  said  Eastern  Boulevard;  and  it  having  been  made 
to  appear  that  such  addition  ought  reasonably  to  be  made  to  said  line  in  order  to  promote  the  conven- 
ience of  the  public;  and  it  having  been  made  to  appear  after  the  proceedings  on  said  hearing  that  the 
service  of  said  Union  Railway  Company  and  of  Frederick  W.  Whitridge,  as  Receiver  of  said  Company, 
in  respect  to  the  transportation  of  persons  upon  their  line  upon  said  Fort  Schuyler  Road  is  unreasonable, 
improper  and  inadequate,  in  that  said  Company  and  said  Frederick  W.  Whitridge,  as  Receiver  of  said 
Company,  do  not  operate  cars  enough  upon  said  line  or  with  sufficient  frequency  or  upon  a  reasonable 
time  schedule  reasonably  to  accommodate  the  passenger  traffic  transported  by  them  or  offered  for 
transportation  to  them,  and  that  it  would  be  just,  reasonable  and  proper  that  the  said  service  of  said 
Union  Railway  Company  and  of  Frederick  W.  Whitridge,  as  Receiver  of  said  Company,  be  increased, 
supplemented  and  changed  in  the  particulars  hereinafter  set  forth: 

56 


THEREFORE,  on  motion  of  GEORGE  S.  COLEMAN,  ESQ.,  Counsel  to  the  Commission,  it  is 

ORDERED, 

(i)  That  said  Union  Railway  Company  and  said  Frederick  W.  Whitridge,  as  Receiver  of  said  Com- 
pany, be  and  they  hereby  are  directed  and  required  to  extend  their  said  line  from  the  easterly  terminus 
of  said  line  on  Fort  Schuyler  Road  at  the  intersection  of  said  road  with  Eastern  Boulevard,  along  said 
Eastern  Boulevard  up  to  the  point  where  said  Town  Dock  Road  intersects  said  Eastern  Boulevard,  and 
as  far  as  the  franchise  rights  of  the  said  Company  extend  on  Eastern  Boulevard,  and  to  build  and  equip 
such  extension  in  a  suitable  and  proper  manner  for  the  operation  of  said  line  and  with  such  switches 
or  turn-outs  as  may  be  required  to  enable  said  Company  and  its  said  Receiver  to  give  adequate  service 
upon  said  Eastern  Boulevard  and  upon  said  Fort  Schuyler  Road. 

(2)  IT  IS  FURTHER  ORDERED,  That  said  Union  Railway  Company  and  said  Frederick  W. 
Whitridge,  as  Receiver  of  said  Company,  be  and  they  hereby  are  directed  and  required  to  operate  daily, 
including  Sunday,  over  every  point  of  said  line  on  said  Fort  Schuyler  Road  and  every  point  of  said  line 
on  Eastern  Boulevard  when  completed,  either 

(a)  A  sufficient  number  of  cars  in  each  direction  past  any  point  of  observation  to  provide  during 
every  fifteen-minute  period  of  the  day  and  night  between  the  hours  of  6:30  A.  M.  and  1:45  A.  M.  at  least 
a  seat  for  every  passenger;  the  number  of  cars  passing  any  point  in  each  direction  to  be,  however,  never 
less  than  eight  (8)  cars  per  hour  between  6:30  A.  M.  and  9  A.  M.,  and  between  3:30  P.  M.  and  8:00  P.  M., 
and  never  less  than  four  (4)  cars  per  hour  in  each  direction  between  9  A.  M.  and  3:30  P.  M.  and  between 
8:00  P.  M.  and  1:45  A.  M.;  or 

(b)  A  minimum  of  fifteen  (15)  cars  in  each  direction  in  each  thirty-minute  period  in  which  the 
provisions  of  subdivision   (a)   above  are  not  complied  with. 

(3)  IT  IS  FURTHER  ORDERED,  That  said  Union  Railway  Company  and  said  Frederick  W. 
Whitridge,  as  Receiver  of  said  Company,  be  and  they  hereby  are  directed  and  required  to  complete  said 
extension  of  said  line  on  said  Eastern  Boulevard,  and  to  begin  the  operation  of  cars  thereon  not  later 
than  the  15th  day  of  June,  1908,  and  to  institute  said  improvements,  changes  and  additions  to  and  in 
the  operation  of  its  cars  on  said  Fort  Schuyler  Road  and  Eastern  Boulevard  not  later  than  the  iSth 
day  of  June,  1908. 

This  order  shall  continue  in  force  until  such  time  as  the  Public  Service  Commission  for  the  First 
District  shall  otherwise  order. 

(4)  This  order  shall  be  without  prejudice  to  the  right  of  the  Commission  to  make  such  further 
or  other  order  or  orders  regarding  any  such  further  extension  or  extensions  of  said  line  on  said  Town 
Dock  Road  as  may  to  the  Commission  seem  just  and  reasonable. 

(5)  IT  IS  FURTHER  ORDERED,  That  the  said  Union  Railway  Company  and  said  Frederick 
W.  Whitridge,  as  Receiver  of  said  Company,  notify  the  Public  Service  Commission  for  the  First  Dis- 
trict within  five  days  after  service  of  this  order  upon  them  whether  the  terms  of  this  order  are 
accepted  and  will  be  obeyed. 


Order  474. 
Travis  H.  Whitney,  Esq.,  New  York,  May  12,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  received  from  you  this  morning  the  474th  Order  of  the  Public  Service  Commission,  in 
respect  to  certain  matters  affecting  the  Union  Railway.  As  all  these  matters  were  discussed  be- 
tween the  Commission  and  the  counsel  and  manager  of  the  Union  Railway,  and  as  it  was  under- 
stood that  the  various  things  now  ordered  should  be  attended  to,  I  am  unable  to  perceive  the 

necessity  of  the  Order. 

Yours  very  truly, 

Receiver. 
57 


Frederick  W.   Whitridge,   Esq.,  New  York,  June  i6,  1908. 

Receiver  Union  Railway  Co., 

65th  Street  and  Third  Ave.,  New  York  City. 

Dear  Sir: 

I  transmit  herewith  a  certified  copy  of  Order  No.  580  adopted  by  the  Commission  at  its  meeting  to-day. 

Yours  very  truly, 
CD/DMQ  TRAVIS  H.  WHITNEY, 

Enc.  Secretary. 

0-579 

Order  No.  580. 

Tribune  Building,   154  Nassau   Street, 
Borough  of  Manhattan,  City  of  New  York. 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


Extension  Order 
>     No.  580. 


WILLIAM  HENDERSON  and  One  Hundred  and  Fifty  Others, 

Complainants, 
against 

UNION  RAILWAY  COMPANY  and  FREDERICK  W.  WHITRIDGE,  as 

Receiver  of  said  Company, 

Defendants. 

"Inadequate  service  on  Fort  Schuyler  Road,  Westchester  Village  to  Eastern 
Boulevard,  and  proposed  extension  of  line  on  Eastern  Boulevard." 


An  order.  No.  474,  having  been  made  herein  on  or  about  the  8th  day  of  May,  1908,  ordering  and  di- 
recting the  Union  Railway  Company  and  Frederick  W.  Whitridge,  its  Receiver,  to  extend  their  line  from 
the  easterly  terminus  of  said  line  on  Fort  Schuyler  Road  at  the  intersection  of  said  road  with  Eastern 
Boulevard  up  to  the  point  where  said  Town  Dock  Road  intersects  said  Eastern  Boulevard  and  as  far  as 
the  franchise  rights  of  the  said  company  extend  on  Eastern  Boulevard,  and  to  complete  said  extension  and 
begin  the  operation  of  cars  thereon  not  later  than  the  15th  day  of  June,  1908,  and  the  said  Union  Rail- 
way Company  and  Frederick  W.  Whitridge,  its  Receiver,  having,  on  June  13th,  1908,  applied  in  writing 
for  an  extension  of  such  time, 

NOW,  on  motion  made  and  duly  seconded,  it  is 

ORDERED :  that  the  time  within  which  the  Union  Railway  Company  and  its  Receiver,  Frederick  W. 
Whitridge,  shall  complete  the  construction  of  the  extension  to  its  road  herein  mentioned  be,  and  the  same 
hereby  is,  extended  to  and  including  the  15th  day  of  July,   1908. 

Frederick  W.  Whitridge,  Esq.,  .  New  York,  May  12,  1908. 

Third  Avenue  and  65th  Street, 
New  York  City. 

Dear  Sir: 

I  transmit  herewith  a  certified  copy  each  of  Orders  483,  484,  486  and  487,  adopted  by  the  Commis- 
sion at  its  meeting  to-day,  extending  the  time  of  the  Union  Railway  Company,  the  Dry  Dock,  East  Broad- 
way and  Battery  Railroad  Company  within  which  to  comply  with  the  terms  of  Orders  437  and  443. 

Yours  very  truly, 
EMR/DMQ  TRAVIS  H.  WHITNEY, 

Enc.  Secretary. 

0-483,  484,  486,  487- 

Orders  No.  483,  484,  486,  487  are  all  to  same  effect  except  that  each  applies  to  a  different  line. 

R.  W.  K. 

58 


Tribune  Building,  154  Nassau  Street, 
Borough  of  Manhattan,  City  of  New  York. 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


In  the  Matter 

of  ,    „ 

,.    .    ,       ^   •.        ,    ^  ,    r.  T^   -1       j\  Extension  Order 

Information   to   be   supplied   by    Railroad    Corporations   and    Street    Railroad'       j^q    .g. 

Corporations   within   the   First   District   as  to  number  of  car  motors,  car  bodies  I 

and  car  trucks  operated  by  them.  I 


An  order.  No.  437,  having  been  made  herein  on  or  about  the  28th  day  of  April,  ordering  and  direct- 
ing the  Railroad  Corporations  and  Street  Railroad  Corporations  within  the  First  District  to  file  with  the 
Commission  certain  reports  therein  specified  on  or  before  May  20th,  1908,  and  the  said  order  having  been 
served  upon  the  Union  Railway  Company  of  New  York  City  and  its  Receiver,  Frederick  W.  Whitridge,  on 
the  28th  day  of  April,  1908,  and  the  said  Union  Railway  Company  of  New  York  City  and  its  Receiver, 
Frederick  W,  Whitridge,  having  on  the  8th  day  of  May,  1908,  applied  in  writing  for  an  extension  of  such 
time, 

NOW,  on  motion  made  and  duly  seconded,  it  is 

ORDERED:  That  the  time  within  which  the  said  Union  Railway  Company  of  New  York  City  or  its 
Receiver,  Frederick  W.  Whitridge,  shall  submit  the  reports  herein  mentioned,  be,  and  the  same  hereby  is, 
extended  to  and  including  the   ist  day  of  June,   1908. 


Orders  483,  484,  486  and  487. 

New  York,  May  13,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  12th,  enclosing  certified  copies  of  Orders  483,  484,  486  and  487. 

I  call  your  attention  to  the  fact  that  I  made  no  application  whatever  for  an  extension  of 

time,  but  that  you  received  an  application   from  Mr.  Borland,  who  is  or  was  the  secretary  of 

some  of  these  Companies,  which  was  made  without  my  knowledge,  so  it  is  hardly  accurate  to 

say  that  the  application  was  made  by  me  in  writing. 

Yours  truly, 

Receiver. 


Order  447. 


New  York,   May   i,   1908. 


Frederick   W.    Whitridge,    Esq., 

Receiver  of  the  42d  St.,  Manhattanville  and  St. 
Nicholas   Avenue   Railroad, 
Third  Avenue  and  65th   Street,   N.  Y.   C. 
Sir: 

Herewith  is  transmitted  a  duly  certified  copy  of  Order  No.  447  of  this  Commission  upon  the  complaint 
of  M.  Burr  Wright,  Assembly  Chamber,  Albany,  N.  Y.,  in  the  matter  of  unsanitary  condition  of  cars  on  42d 
Street  Crosstown  Line. 

59 


Rule  VIII  adopted  by  the  Public  Service  Commission  requires  the  original  answer  to  be  filed  with  the 
Secretary  of  the  Commission  at  its  office  within  the  time  specified,  and  a  copy  thereof  at  the  same  time  be 
served  personally  or  by  mail  upon  the  complainant,  and  the  Commission  so  notified. 

The  answer  must  specifically  admit  or  deny  the  material  allegations  of  the  complaint,  and  also  set  forth 
the  facts  which  will  be  relied  upon  to  support  any  such  denial.  If  satisfaction  is  made  before  answering,  a 
written  acknowledgment  thereof  by  the  complainant  must  be  filed. 

Yours  very   truly, 
EMR/DMQ  TRAVIS  H.  WHITNEY, 

O-447.  Secretary. 


Copy. 

STATE  OF  NEW  YORK, 

Assembly  Chamber. 

Albanv,  April   16,  1908. 
Hon.   William  R.  Willcox, 

Chairman,   Public  Service  Commission, 
First  District,  New  York  City. 
My  dear  Sir: 

Your  attention  is  called  to  my  complaint,  i.  e.,  relative  to  the  filthy  and  unsanitary  condition  of  cars 
running  across  Forty-second  Street.  Car  2793,  which  I  took  this  day  at  8:20  A.  M.  from  Grand  Central 
station,  would  make  as  fine  a  breeding  bed  for  germs  or  microbes  as  to  please  the  heart  of  the  greatest 
dispensers  of  cure-alls.  This  is  not  the  first  instance.  You  will  find  it  a  rarity  to  find  them  in  any  other 
condition   than   that   in   which   I   have   mentioned. 

Trusting   something   may   be   accomplished   to   relieve  a  long-suffering  community,  I  remain, 

Yours  respectfully, 
'-  (Signed)  M.   BURR   WRIGHT, 

Assemblyman,  2d  Westchester  Dist. 

Tribune  Building,  154  Nassau  Street, 

Borough  of  Manhattan,  City  of  New  York. 
STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


M.  BURR  WRIGHT, 

Complainant, 
against 

FORTY-SECOND  STREET,  MANHATTANVILLE  AND  ST.  NICHOLAS  I  Complaint  No    447 
AVENUE    RAILROAD    COMPANY,    or    its    Receiver,    FREDERICK    W.  f     Order. 

WHITRIDGE, 

Defendants. 

"Unsanitary  condition  of  cars  on  42d  Street   Crosstown    Line." 


This  matter  coming  on  upon  the  complaint  of  M.  Burr  Wright,  Assembly  Chamber,  Albany,  N.  Y., 
by  which  it  appears  that  said  complainant  is  aggrieved  by  acts  done  or  omitted  to  be  done  by  the  42d 
Street,  Manhattanville  and  St.  Nicholas  Avenue  Railroad  Company  or  its  Receiver,  Frederick  W.  Whit- 
ridge,  said  defendants,  and  set  forth  in  said  complaint,  which  are  claimed  to  be  in  violation  of  some 
provision  of  law,  or  of  the  terms  and  conditions  of  defendant's  franchise  or  of  an  order  of  this  Commission. 

NOW.  upon  the  said  complaint,  it  is 

ORDERED :  That  a  copy  of  the  said  complaint  be   forwarded  to   said  defendant   and  that  the  matters 

therein  complained  of  be  satisfied  or  the  charges  in  said  complaint  set  forth  be  answered  by  said  defendant 

within  ten   days   after   service   upon  it  of  this  order,  exclusive   of  the   day  of  service. 

60 


Order  497. 
Order  447. 

New  York,  May  22,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  your  letter  of  May  ist,  enclosing 'complaint  Order  No.  447  and  Order  for  Hearing 
No.  497,  dated  May  15th. 

I  have  nothing  further  to  add  to  what  I  have  repeatedly  said  to  you  about  all  the  cars  on 
the  Third  Avenue  System,  excepting  this — that  I  did  find  that  one  of  the  foremen  in  charge  of 
the  42d  Street  cars  had  been  found  to  be  neglecting  to  do  what  he  could  have  done  in  the  way  of 
removing  the  rubbish  left  in  these  cars  by  the  passengers,  and  he  was  discharged. 

Until,  however,  these  cars  can  be  thoroughly  repaired  or  replaced,  it  will  be  quite  impossible 

to  avoid  more  or  less  well-grounded  complaints,  and  the  cars  cannot  be  repaired  until  they  can  be 

removed  from  service,  which  cannot  be  done  until  the  new  cars  come  to  replace  them.    Our  new 

trucks  and  motors  are  now  coming  in,  and  I  hope  within  a  fortnight  to  make  an  appreciable 

improvement  in  these  matters. 

Yours  truly, 

Receiver. 


STATE  OF  NEW  YORK, 
PUBLIC    SERVICE    COMMISSION   FOR  THE  FIRST  DISTRICT. 


M.  BURR  WRIGHT, 

Complainant, 
against 

FORTY-SECOND  STREET,  MANHATTANVILLE  AND  ST.  NICHOLAS 
AVENUE  RAILWAY  COMPANY  and  FREDERICK  W.  WHITRIDGE,  as 
Receiver  of  said  Company, 

Defendants. 

Unsanitary   Condition  of  Cars  on  42d  Street  Crosstown  Line. 


Hearing  Order  for 
No.  497. 


. ) 

Upon  the  complaint  herein,  upon  which  Order  No.  447  was  issued  on  or  about  the  ist  day  of 
May,  1908,  and  the  answer  of  Frederick  W.  Whitridge,  as  Receiver  of  the  Forty-second  Street,  Manhat- 
tanville    and    St.    Nicholas    Avenue    Railway    Company,   dated  the  2d  day  of  May,   1908,  it  is 

ORDERED,  That  upon  the  matters  contained  therein  a  hearing  be  had  on  the  22d  day  of  May,  1908, 
at  4:00  o'clock  in  the  afternoon  of  that  day,  or  at  any  time  or  times  to  which  the  same  may  be  adjourned, 
at  the  rooms  of  the  Commission,  No.  154  Nassau  Street,  Borough  of  Manhattan,  City  and  State  of  New 
York. 

To  the  end  that  the  Commission  may  make  such  order  or  orders  in  the  premises  as  shall  be  just  and 
reasonable. 

61 


FURTHER  ORDERED:  That  the  said  M.  Burr  Wright,  complainant,  and  the  said  Forty-second 
Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway  Company  and  Frederick  W.  Whitridge,  as 
Receiver  of  the  Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway  Company,  be  given 
at  least  five  days'  notice  of  such  hearing  by  service  upon  each  of  them,  either  personally  or  by  mail, 
of  a  certified  copy  of  this  order,  and  that  at  such  hearing  said  complainant  and  said  company  and  its  Receiver 
be  afforded  all  reasonable  opportunity  for  presenting  evidence  and  for  examining  and  cross-examining 
witnesses  as  to  the  matters  aforesaid. 


New  York,  May  2d,  1908. 
Mr.  M.  Burr  Wright, 

Assembly  Chamber, 
Albany,  New  York. 
Dear  Sir: 

The  Public  Service  Commission  have  sent  to  me  your  complaint  of  April  i6th,  relative  to 
the  filthy  and  unsanitary  condition  of  the  cars  running  across  426  Street,  from  which  it  appears 
that  you  took  one  car  at  8 :20  A.  M.  which  you  think  "would  make  as  fine  a  breeding  bed  for 
germs  or  microbes  (would  you,  by  the  way,  be  good  enough  to  inform  me  of  the  difiference  be- 
tween a  germ  and  microbe)  as  to  please  the  heart  of  the  greatest  dispensers  of  cure-alls."  You 
also  say  that  this  is  not  the  first  instance,  and  that  the  Public  Service  Commission  will  find  it  a 
rarity  to  find  them  (the  cars)  in  any  other  condition  but  that  in  which  you  have  mentioned. 

In  reply  thereto  I  beg  to  say  that  I  am  aware  that  a  great  many  of  the  42d  Street  cars  are 
old  and  apparently  dirty.  We  make,  however,  the  most  diligent  search  for  germs  and  microbes, 
and  I  do  not  think  that  at  8:20  in  the  morning  any  could  be  found  in  any  of  these  cars,  and 
those  you  detected  were  probably  brought  by  you  from  the  Grand  Central  Station  and  taken  into 
the  42d  Street  car  by  you, 

T  have  ordered  fifty  new  cars  for  this  line,  in  all  of  which  there  will  be  cane  seats  instead 
of  the  carpet  seats,  which  get  inevitably  so  dirty.  The  first  of  these  were  promised  to  me, 
under  the  contract,  the  15th  of  April.  None  have,  however,  as  yet  been  received.  As  soon  as 
they  arrive  the  service  upon  this  line  will  be  materially  improved.  In  the  meantime  I  have  or- 
dered the  Superintendent  to  look  up  this  particular  car,  and  have  reinforced  my  previous  instruc- 
tions in  respect  to  keeping  all  the  cars  in  as  good  order  as  their  character  permits. 

Yours  truly, 

Receiver. 


Travis  H.  Whitney,  Esq.,  New  York,  May  2d,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  beg  herewith  to  enclose  copy  of  my  reply  to  Complaint  Order  No.  447,  which  I  have  sent 
to   Mr.   Wright.  Yours  truly. 

Receiver. 
62 


At  a  meeting  of  the  Public  Service  Commission  for  the  First  District,  duly 
held  at  its  office,  No.  154  Nassau  Street,  in  the  Borough  of  Manhattan, 
City  and  State  of  New  York,  on  the  2d  day  of  June,  1908. 


Present : 

William   R.   Willcox, 

Chairman, 
Edward  M.  Bassett, 
Milo  R.   Maltbie, 
John  E.  Eustis, 


Commissioners. 


M. 


In  the  Matter 

of 
BURR  WRIGHT, 


Complainant, 
against 

FORTY-SECOND  STREET,  MANHATTANVILLE  and  ST.  NICHOLAS 
AVENUE  RAILWAY  COMPANY  and  FREDERICK  W.  WHITRIDGE,  as 
Receiver  of  said  Company, 

Defendants. 

"Unsanitary  Condition  of  Closed  Cars  on  Forty-second  Street  Crosstown  Line." 
After  Order  for  Hearing  No.  497,  dated  May  15,  1908. 


Final    Order 
No.  547. 


This  matter  coming  on  upon  the  report  of  the  hearing  had  herein  on  the  22d  day  of  May,  1908,  and  on 
the  29th  day  of  May,  1908,  and  it  appearing  that  said  hearing  was  had  pursuant  to  Order  for  Hearing 
No.  497  of  this  Commission,  dated  May  15,  1908,  and  returnable  May  22,  1908,  at  4  P.  M.,  which  order 
for  hearing  was  issued  upon  the  complaint  and  answer  herein ;  and  it  appearing  that  said  order  for  hearing 
was  duly  served  upon  said  Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway  Company 
and  upon  Frederick  W.  Whitridge  as  Receiver  of  said  Company ;  and  it  appearing  that  said  hearing  was 
held  by  and  before  the  Commission  on  the  matters  in  said  complaint,  answer  and  order  specified  on 
said  22d  day  of  May,  1908,  and  the  29th  day  of  May,  1908,  before  Mr.  Commissioner  Maltbie,  presiding, 
Harry  M.  Chamberlain,  Esq.,  Assistant  Counsel,  appearing  for  the  Commission  and  M.  Burr  Wright, 
Complainant,   appearing   in   person   and   no   one   appearing   for   said   Railway   Company  or   for  said   Receiver. 

NOW,  it  having  been  made  to  appear  after  the  proceedings  on  said  hearing  that  the  regulations,  prac- 
tices, equipment  and  service  of  said  Railway  Company  and  said  Frederick  W.  Whitridge,  as  Receiver 
of  said  Company,  in  respect  to  the  transportation  of  persons  upon  the  line  of  said  Company  known  as  the 
Forty-second  Street  Crosstown  Line,  within  the  First  District,  are  unsafe  and  improper  in  that  the 
closed  cars  operated  by  said  Company  and  by  said  Receiver  upon  said  line  are  in  an  unclean  and  unsanitary 
condition  and  that  changes  in  said  regulations,  practices,  equipment  and  service  hereinafter  mentioned  ought 
reasonably  to  be  put  in  force,  observed  and  used  by  said  Company  and  by  said  Receiver  on  said  line  and 
that  it  would  be  reasonable  to  require  said  changes  to  be  put  in  force  by  or  before  the  date  hereinafter 
specified  and  continued  in  force  as  hereinafter  provided, 

THEREFORE,   on  motion   of   George    S.   Coleman,  Esq.,  Counsel  to  the  Commission,  it  is 

ORDERED:  (i)  That  all  closed  cars  operated  by  said  Company  and  by  said  Receiver  on  said  line 
shall  be  placed  in  a  clean  and  sanitary  condition  by  or  before  the  8th  day  of  June,  1908,  and  shall  be  con- 
tinued in  that  condition  from  that  time  until  the  20th  day  of  September,   1908. 

(2)  That  this  order  shall  take  effect  on  the  8th  day  of  June,  1908,  and  shall  continue  in  force  until  the 
20th  day  of  September,  1908,  unless  earlier  modified  or  abrogated  by  the  Commission. 

(3)  That  said  Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway  Company  and 
said  Frederick  W.  Whitridge,  as  Receiver  of  said  Company,  notify  the  Public  Service  Commission  for  the 
First  District  within  three  (3)  days  after  the  service  of  this  order  upon  them  whether  the  terms  of  this 
order  are  accepted  and  will  be  obeyed. 

63 


New  York,  June  4th,  1908. 


Order  547. 
Travis  H.  Whitney,  Esq., 

Secretary  Public  Service  Commission, 
154  Nassau  Street,  New  York  City.' 
Dear  Sir: 

I  have  received  from  you  the  547th  Order  of  the  Public  S.ervice  Commission.  In  reply  there- 
to, I  can  only  repeat  that  the  cars  which  I  received  from  the  Metropolitan  Railway  were  and  are 
in  bad  order.  They  are  kept  by  me  in  as  good  order  as  possible.  Now  that  the  open  cars  are 
all  repaired,  the  repair  pf  the  closed  cars  has  been  taken  up,  and  in  the  course  of  time  they  will 
all,  I  hope,  be  in  satisfactory  condition.  I  notice  that  your  order  says,  "The  cars  should  be 
placed  in  a  clean  and  sanitary  condition  by  or  before  the  8th  day  of  June,  1908,  and  should  be 
continued  in  that  condition  from  that  time  until  the  20th  day  of  September." 

I  beg  to  inform  you  that  they  are  now  and  will  be  kept  in  a  clean  and  sanitary  condition  not 
only  from  now  until  the  20th  of  September,  but  after  that  date  also. 

I  think  your  Commission  would  be  doing  the  public  and  me  a  real  service,  if  you  would 
send  me  reports  of  your  inspectors  as  to  any  particular  car  which  is  in  worse  condition  than  it 
need  be,  and  I  should  be  very  much  obliged  for  that  assistance. 

Specific  complaints  are  more  efficacious  than  general  Orders  either  by  you  or  me,  which  are 
too  often  like  a  discharge  of  a  blank  cartridge  at  a  masked  target. 

Yours  respectfully, 


Receiver. 


INVESTIGATION  NO.  237- 
Re  Sanitary  Condition  of  42nd  St.  Crosstown  Cars.     Investigation  by  Frank  Bennet,  Inspector. 

Condition  of 

Seats.    Sides  General.  Windows. 
&  Roof. 


Car 
No. 
2774 

2047 

2025 
2712 
2745 

2769 
2761 
2767 

2149 
2792 
2084 

2777 
2711 

2754 
2708 
2024 
2749 
2753 
2779 
2760 

2043 
2747 

2035 
2042 

X144 

X161 

^159 
482 

2793 
2083 
2768 
2763 
2750 


Conduc-  Time 
tor's  No. P.M. 

—  1:52 

—  1:56 

—  2:00 
2:04 
2:09 


Floor. 
Clean 


Clean 


1341 
1360 

1373 
1353 

1355 
1358 
1 138 
1349 
1314 
1338 
1370 
1324 

1366 
1319 
1346 


^277 

"75 
1 129 

1151 
1005 

1307 
1351 
133 1 


2:13 
2:18 
2:20 
2:23 
2:25 
2:27 
2:29 
2:35 
2:39 
2:52 

3:03 
3:07 
3:09 
3:18 
3:24 
3:35 
3:37 
3:42 
3:53 
3:58 
4:01 
4:04 
4:06 
4:07 
4:10 
4:12 
4:29 
4:32 


Dirty 


Clean 

« 

Dirty 

« 

Clean 
« 

Dirty 

« 

Clean 
(( 

Dirty 
Clean 


Dirty 
Clean 
Dirty 


Dirty 
Clean 


Clean       Sanitary 


Frayed    Dirty 

Spotted 

Clean 


Dirty 
Clean 


Dirty 

<( 

Clean 


Dirty 
Clean 
Dirty 
Clean 


Dirty 
Clean 


Dirty 
Clean 


Clean 

Dirty 

Clean 
<( 

Dirty 


Clean 
Dusty 


Clean 

« 

Dirty 
Clean 


Dirty 
« 

Clean 


Dirty 
Clean 


Dirty 
Clean 


Unsanitary 

<< 

Sanitary 
<( 

Unsanitary 

Sanitary 
« 

Unsanitary 
« 

Sanitary 

« 

Unsanitary 
It 

Sanitary 


Unsanitary 
Sanitary 


Unsanitary 
Sanitary 


X  Means  open  car. 


64 


Re-exammation  after  the  first  hearing  on  M.  Burr  )  ^  .       .       .^  .,,,... 

„,  .  ,   ,  ,  •  .      ^  •  .     1  •        .•     ^-  TT         (  Investigation  No.  337  ^  "-     " 

Wright  s  complaint.     Original  investigation,  279,  Hear-  >•         m         8     008 
ing  Order  497.  J  i  ay  2  ,  ipoe. 

D.  L.  Turner,  Esq., 

General  Inspector. 

Dear  Sir: 

The  examination  after  the  first  hearing  adjourned  was  made  by  Inspector  Bennet  on  Tuesday, 
May  26,  from  i  :50  to  4 :50  P.  M. 

The  results  of  the  inspection  are  in  tabulation  attached  herewith. 

There  has  been  material  improvement  in  the  appearance  and  condition  of  these  cars  since  the  in- 
vestigation of  April  24th — about  60%  of  the  seats  have  been  re-carpeted,  the  balance  has  been  renovated 
thoroughly.     A  small  percentage  are  unfit  for  service. 

Windows. 

The  windows  were  lowered  into  the  window  pockets  in  most  cases,  those  exposed  to  view  and  those 
which  were  pulled  up  for  inspection  showed  signs  of  recent  cleaning  and  were  in  fair  condition. 

Floors. 

These  have  received  the  least  attention.  The  movable  slat  bottoms  have  been  removed  for  clean- 
ing, but  not  given  thorough  attention.  The  stationary  slat  floors  are  still  in  very  dirty  condition  and 
should  be  scraped  out,  washed  and  scrubbed. 

Sides  and  Roofs. 

There  has  some  attention  been  given  to  cleaning  these.  Apparently  they  have  been  sponged  down, 
but  not  done  thoroughly. 

When  once  these  cars  have  had  a  thorough  and  complete  cleaning,  it  will  require  but  little  daily 
work  to  keep  them  in  proper  condition. 

SUMMARY: 

Sides  and 

Date    No.  of         Roofs               Seats            Floors  Windows 

Cars     Dirty   Clean  Dirty  Clean   Dirty   Clean  Dirty   Clean 

Apr.  24.. 23       14            9          14            9          18            5  20          23 

May  26.. 33       16          17          26            7          16          17  4          29 

Time  of  observation  field  4  hours,  office  7  hours,  total  11  hours. 

Respectfully  submitted, 

ROBERT  E.  ANTHONY, 

Transit  Inspector. 


F.  W.  Whitridge,  Esq.,  New  York,  June  8,  1908. 

Receiver  Third  Avenue  Railway  Company, 
Third  Ave.  and  6sth  St.,  New  York. 

Dear  Sir: 

Replying  to  your  communication  of  June  4th,  relating  to  Final  Order  No.  547  of  this  Commission, 
I  desire  to  state  with  respect  to  your  calling  attention  to  the  fact  that  the  order  apparently  only  re- 
quires the  cars  to  be  kept  in  a  clean  and  sanitary  condition  to  the  20th  day  of  September,  that  this  order 
is  really  a  supplement  to  Order  No.  365  which  required  that  all  closed  cars  should  be  overhauled  bj 
the  20th  of  September.  This  order  is  intended  to  apply  to  the  cleanliness  of  the  cars  and  it  was  presumed 
that,  after  they  were  all  overhauled  by  the  20th  of  September,  they  would  be  kept  in  good  condition 
thereafter. 

I  note  your  suggestion  that  we  send  to  you  reports  of  our  inspectors  as  to  particular  cars  and  in 
that  connection  I  enclose  herewith  copy  of  a  report  by  the  inspectors  showing  the  condition  of  the  cars 

6S 


at  two  different  dates.    This  inspection  was  made  some  little  time  ago  and  it  may  have  no  bearing  on 
the  condition  of  the  cars  at  the  present  time,  but  I  send  it  to  you  for  what  it  is  worth. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 

Secretary. 
Enc. 
THW/CS 


Order  No.  547. 

New  York,  June  9th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary  Public  Service  Commission, 
154  Nassau  Street,  New  York. 

My  dear  Sir: 

I  have  yours  of  the  8th  for  which  I  am  much  obliged  to  you.  I  do  not  see  why  you 
should  presume  that  the  new  cars  would  be  kept  in  any  better  condition  than  the  old  cars,  in 
face  of  my  statement  that  the  old  cars  were  kept  in  as  good  condition  as  possible. 

It  is  perhaps  natural  that  you  should  make  some  such  presumption  on  the  faith  of  your 
own  inspectors'  reports,  but  the  value  of  those  reports,  in  my  eyes,  is  lessened  and  even  de- 
stroyed, by  the  statement  in  the  report  you  have  sent  me,  that  "since  the  investigation  of  April 
24th,  about  sixty  per  cent,  of  the  seats  on  the  42nd  Street  cars  have  been  re-carpeted,  and  the 
balance  have  been  renovated  thoroughly,"  whereas,  the  fact  is,  that  none  of  the  seats  have  been 
re-carpeted  at  all,  and  I  am  at  liberty  to  conclude  that  the  rest  of  your  inspector's  report  is  as 
valueless  as  the  paragraph  I  have  quoted. 

Yours  very  truly, 

Receiver. 


New  York,  May  22,  1908. 
Frederick   W.   Whitridge,   Esq., 

Receiver  Union  Ry.  Co.,  Third  Ave.  and 
65th  Street,  N.  Y.  C. 

Dear  Sir: 

Herewith  is  transmitted  a  duly  certified  copy  of  Order  No.  517  of  this  Commission  upon  the 
complaint  of  Frank  J.  Flynn,  1151  Gerard  Avenue,  Bronx,  N.  Y.,  in  the  matter  of  the  failure  of  said 
Company  to  operate  cars  between  1:00  and  5:00  A.  M.  on  a  headway  of  20  minutes. 

Rule  VIII  adopted  by  the  Public  Service  Commission  requires  the  original  answer  to  be  filed  with 
the  Secretary  of  the  Commission  at  its  office  within  the  time  specified,  and  a  copy  thereof  at  the  same 
time  be  served  personally  or  by  mail  upon  the  complainant,  and  the  Commission  so  notified. 

The    answer   must   specifically    admit    or    deny  the  material  allegations  of  the  complaint,  and  also 

set  forth  the  facts  which  will  be  relied  upon  to  support  any  such  denial.     If  satisfaction  is  made  before 

answering,  a  written  acknowledgment  thereof  by  the  complainant  must  be  filed. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 

Secretary. 
EMR/DMQ 

O-S17 

66 


Borough  of  Manhattan,  City  of  New  York. 
Tribune  Building,  154  Nassau  Street, 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


FRANK  J.  FLYNN, 

Complainant, 
against 

UNION  RAILWAY  COMPANY  and  FREDERICK  W.  WHITRIDGE,  its 

Receiver, 

Defendants. 

"Failure  to  operate  cars  between  i  :oo  and  5  :oo  A.  M.  on  a  headway  of  twenty 

minutes." 


>.  Complaint  Order 
No.  517. 


This  matter  coming  on  upon  the  complaint  of  Frank  J.  Flynn,  1151  Gerard  Avenue,  Borough  of 
The  Bronx,  New  York  City,  by  which  it  appears  that  said  complainant  is  aggrieved  by  acts  done  or 
omitted  to  be  done  by  the  Union  Railway  Company  or  Frederick  W.  Whitridge,  its  Receiver,  said  de- 
fendants, and  set  forth  in  said  complaint,  which  are  claimed  to  be  in  violation  of  some  provision  of 
law,  or  of  the  terms  and  conditions  of  defendants'  franchise,  or  of  an  order  of  this  Commission. 

NOW,  upon  the  said  complaint,  it  is 

ORDERED:  that  a  copy  of  the  said  complaint  be  forwarded  to  said  defendant  Union  Railway 
Company  and  to  Frederick  W.  Whitridge,  its  Receiver,  and  that  the  matters  therein  complained  of  be 
satisfied  or  the  charges  in  said  complaint  set  forth  be  answered  by  said  defendants  within  ten  (10) 
days  after  service  upon  them  of  this  order,  exclusive  of  the  day  of  service. 

FLYNNS    MILITARY    BAND   AND   ORCHESTRA. 
1 151  Gerard  Avenue,  near  i68th  Street, 
Borough  of  the  Bronx,  N.  Y.  City. 

New  York,  May  19,  1908. 
To  the  Honorable  Public  Service  Commission, 

Tribune  Building,  N.   Y.  City. 
Gentlemen: 

The  Union  Railroad  Company  of  the  Borough  of  The  Bronx  operate  a  line  of  cars  on  East  i6ist 
Street  on  a  sixty-minute  headway  after  i  or  1:30  A.  M.  until  5  A.  M.,  which  is  in  violation  of  Section 
595  of  the  City  Ordinances  regulating  surface  railroad  traffic. 

The  said  Railroad  Company  also  operates  over  the  Morris  Avenue  line  and  do  not  run  any  cars 
whatever  northbound  from  129th  Street  to  Washington  Bridge  between  the  hours  of  i  A.  M.  and  5 
A.  M.    This  is  also  a  violation  of  the  aforesaid  ordinance. 

I  therefore  request  that  you  use  your  best  efforts  and  the  power  invested  in  your  Honorable 
Board  to  compel  the  Union  Railroad  Company  to  operate  their  cars  over  these  lines  on  at  least  twenty 
minute  headway,  in  accordance  with  Section  595  of  the  City  Ordinance,  between  the  hours  of  i  A.  M. 
and  5  A.   M. 

Enclosed  you  will  find  a  copy  of  extracts  from  the  Minutes  of  the  Board  of  Estimate  and  Appor- 
tionment of  meetings  held  on  March  2nd  and  March  i6th,  1906,  indicating  the  action  of  the  Board  of 
Estimate  and  Apportionment  in  reference  to  a  similar  complaint  made  by  me  on  January  31,  1906,  which 
obtained  the  desired  results. 

I  again  submit  that  it  is  an  outrage  and  an  unwarranted  inconvenience  to  compel  many  people,  who 
must  use  these  lines  late  at  night,  to  stand  on  street  corners  waiting  at  times  sixty  minutes  for  a  car 
when  twenty  minutes  is  all  the  law  allows. 

Hoping  to  be  successful  in  my  request,  and  sincerely  appreciating  any  courtesy  shown  in  this  mat- 
ter, I  am  Respectfully  yours, 

(Signed)     FRANK  J.  FLYNN. 
(Extract  from  Minutes  of  Board  of 
Estimate  not  annexed.) 

67 


New   York,    May   27th,    1908. 
Edward   A.    Maher,   Esq., 

General    Manager  Union   Railway   Company, 
New  York  City. 
Dear  Sir: 

In  reply  to  complaint  of  Frank  J.  Flynn  of  No.  1151  Gerard  Avenue,  New  York  City,  to  the  Public 
Service  Commission  in  relation  to  operating  cars  on  Morris  Avenue  line  from  i  :oo  A.  M.  to  5  :oo  A.  M., 
I  would  say  that  we  operate  lines  that  run  parallel  to  Morris  Avenue  line. 

The  Fordham  line  which  operates  3  cars  per  hour  and  the  West  Farms  line  which  operates  2  cars 
in  50  minutes,  making  5  cars  per  hour  operated  on  Third  Avenue  between  128th  Street  and  163rd  Street, 
then  we  operate  2  cars  per  hour  from  149th  Street  and  Melrose  Avenue  to  Kingsbridge  which  makes 
7   cars   per   hour   operated   east   of   Morris   Avenue  line. 

We  operate  3  cars  per  hour  on  Jerome  Avenue  line  which  runs  west  of  Morris  Avenue  line.  All 
the   lines  are   only   a   short   distance   from   Morris   Avenue. 

The  said  complainant  also  complains  about  operating  more  cars  on  i6ist  Street  between  the  hours 
of  I  :oo  and  5  :oo  A.  M.  We  operate  one  car  at  the-  present  time  from  i6ist  Street  and  Third  Avenue 
west  to  Sedgwick  Avenue  and  east  to  Tremont  and  Third  Avenue  and  return.  This  line  at  the  present 
time  acco?ding  to  its  earnings  and  the  number  of  passengers  that  it  carries  does  not  call  for  any  more 
cars. 

Attached  you  will  find  figures  relating  to  the  number  of  passengers  carried,  the  amount  of  cash 
received,  the  number  of  miles  traveled,  the  earnings  in  cents  per  car  mile,  the  cost  of  operating  per  car 
mile   and  the   loss    sustained   by   operating  one   car   for   14  days   on    Sedgwick  Avenue   line. 

Respectfully  yours, 

H.  BONIFACE, 

Superintendent. 

NUMBER  OF   PASSENGERS  CARRIED   ON    161ST    STREET   LINE    FROM    JEROME    AVENUE 
EAST   TO   3D   AVENUE   AND   RETURN.     MAY   26TH,  1908. 


Car 

Trip 

Time 

Transfers 

"L's" 

Cash 

108 

I 

1 :20 

A.M. 

2 

0 

0 

1:30 

5 

0 

0 

2 

2:20 

2 

0 

I 

2:30 

I 

0 

2 

3 

3:20 

2 

0 

0 

.':30 

5 

0 

4 

4 

4:20 

I 

0 

0 

4:30 

3 

0 

I 

5 

5:20 

5 

0 

3 

5:30 

6 

0 

3 

32  o  14 

Total  Passengers,  46. 

NUMBER  OF  PASSENGERS  CARRIED   ON    161  ST    STREET   LINE    FROM)   JEROME    AVENUE 
.        .       .   ,  EAST  TO  3D  AVENUE  AND  RETURN.    MAY  27TH,  1908. 


Car 

Trip 

Time 

Transfers 

"L's" 

Cash 

34 

I 

1:20 

A.M. 

5 

0 

0 

1:30 

I 

0 

0 

2 

2:20 

7 

6 

3 

2:30 

4 

0 

2 

3 

3:20 

I 

0 

0 

3:30 

5 

0 

I 

4 

4:20 

2 

0 

0 

4:30 

4 

0 

2 

5 

5:20 

4 

0 

3 

5:30 

- 

0 

0 

a 

33  o  13 

Total  Passengers,  46. 

68 


TOTAL  NUMBER  OF  CASH  PASSENGERS  AND  NUMBER   OF    MILES    OPERATED    ON    SEDG- 
WICK AVENUE  NIGHT  CARS  FROM  MAY  iST  TO  MAY  14TH,  1908. 

Number  of  cash  passengers  carried  from  May  ist    to    14th,    inclusive 350 

Number  of  "L"  passengers  carried  from  May  1st   to    14th,    inclusive 92 

Number  of  transfer  passengers  carried  from  May    ist    to    14th,    inclusive 278 

Total  number  of  passengers  carried  from  May  ist    to    14th,    inclusive 720 

Amount  of  cash  fares  collected  from  May  ist  to  14th,    inclusive $i7-50 

Amount  of  cash  for  "L"  tickets  from  May  ist  to  14th,  inclusive 3.68 

Total    cash    from    May    ist    to    14th,    inclusive    $21.18 

Number  of   miles   operated  from   May   ist  to   14th,    inclusive 616 

Average   Cents   per   car   mile   earned    from    May  ist  to  14th,  inclusive 0343 

Average  Cost  per  car  mile  from  May  ist  to   14th,   inclusive 1450 

Average  Loss  per  car  mile  from  May  ist  to  14th,    inclusive , 1007 

Total   loss   for  operating   i   car  from   May   ist  to   14th,  inclusive $61.42 

TOTAL  NUMBER  OF  PASSENGERS  CARRIED  ON    SEDGWICK   AVENUE   NIGHT   CAR   FROM 
1:00  A.  M.  TO  6:00  A.  M.  FROM  MAY  iST  TO  MAY  14TH,  1908,  INCLUSIVE 

May  1st,  1908. 

Car               Trip                    Time  Transfers  "L's"           Cash 

359                  I                  I  :oo  A.  M.  4  o                  o 

1:30  I  03 

2  2:00  201 
2:30  o  o                  2 

3  3:00  o  02 
3-30  I  o                   4 

4  4:00  3  01 
4:30  o  02 

5  5:00  4  o                   2 
5:30  I  o                   5 

16  o  22 

Total  Passengers,  38. 

May  2d,  1908. 

Car               Trip                    Time  Transfers          "L's"            Cash 

347                  I                  I  :oo  A.  M.  2                   o                  3 

1:30  40                  I 

2  2:00  I                     o                  -2 
2:30  2                   o                  3 

3  3:00  o                    02. 
3:30  2                   04 

4  4:00  10                 3 
4:30  I                   02 

5  5:00  o                   01 
5:30  2                   0                 4 

^      ,  T,  15  o  25 

Total  Passengers,  40. 


May  3d, 

1908. 

Car 

Trip 

Time 

Transfers 

"L's" 

Cash 

56 

I 

I  :oo  A.  M. 

4 

6 

3 

1:30 

2 

3 

4 

2 

2:00 

4 

2 

3 

2:30 

5 

4 

I 

3 

3:00 

3 

0 

5 

3:30 

4 

2 

4 

4 

4:00 

2 

4 

3 

4:30 

I 

0 

6 

S 

5:00 

8 

4 

0 

5:30 

2 

0 

4 

Total  Passengers,  93. 


69 


35 


25 


33 


Car 
293 


Trip 
I 


May  4th, 

1908. 

Time 

Transfers 

"L's" 

Cash 

1  :oo  A.  M. 

2 

3 

I 

1:30 

4 

0 

2 

2:00 

I 

0 

2 

2:30 

3 

0 

2 

3:00 

0 

0 

3 

3:30 

I 

2 

0 

4:00 

I 

0 

3 

4:30 

2 

0 

I 

5:00 

I 

0 

5 

5:30 

3 

0 

4 

Total  Passengers,  46. 


18 


Total  Passengers,  49. 


Car 
332 


Trip 
I 


May 

6th, 

1908. 

Time 

Transfers 

I  :oo 

A.M. 

1:30 

2:00 

2:30 

Powe: 

3:00 

3:30 

4:00 

0 

4:30 

0 

5:00 

0 

5:30 

0 

"L's" 


Total  Passengers,  32. 


Car 
104 


Trip 
I 


Total   Passengers,  41. 


14 


23 


May  5th, 

1908. 

Car 

Trip 

Time 

Transfers 

"L's" 

Cash 

152 

I 

I  :oo  A. 

M. 

I 

0 

3 

1:30 

0 

0 

I 

2 

2:00 

0 

I 

5 

2:30 

I 

I 

3 

3 

3:00 

2 

6 

7 

3:30 

2 

0 

2 

4 

4:00 

I 

0 

2 

4:30 

I 

0 

3 

5 

5:00 

0 

0 

5 

5:30 

0 

0 

2 

33 


Cash 


5 
3 

6 
18 

32 


May  7th, 
Time 
I  :oo  A.  M. 

1908. 

Transfers 
0 

"L's" 
0 

Cash 
2 

1:30 
2:00 

0 
3 

0 
3 

2 

6 

2:30 
3:00 

3 
2 

I 
0 

2 
2 

3:30 

4  :oo     . , . 

I 
2 

0 
0 

I 
2 

4:30 
5:00 

0 
1 

0 
0 

I 
3   * 

5:30 

2 

0 

2 

23 


70 


Car 
123 

Trip 

I 

May  8th, 
Time 
I  :oo  A.  M. 

1908. 

Transfers 
2 

"L's" 
0 

Cash 
0 

1:30 

3 

0 

0 

2 

2:00 

I 

0 

2 

2:30 

2 

0 

0 

3 

3:00 

0 

0 

2 

3:30 

I 

0 

I 

4 

4:00 

I 

0 

0 

4:30 

2 

0 

3 

5 

S:oo 

I 

0 

I 

5:30 

2 

0 

3 

Total  Passengers,  27. 


15  o  12 


May 

9th, 

1908. 

Car 

Trip 

Time 

Transfers 

"L's" 

Cash 

326 

I 

I  :oo  A.  M. 

I 

0 

2 

1:30 

2 

0 

I 

2 

2:00 

2 

I 

0 

2:30 

I 

0 

3 

3 

3:00 

2 

0 

0 

3:30 

I    . 

0 

2 

4 

4:00 

0 

0 

3 

4:30 

2 

0 

2 

5 

5:00 

2 

0 

2 

5:30 

I 

5 

I 

Total   Passengers,   38. 


14  8  16 


Car 

317 

Trip 

I 

May  loth, 
Time 
I  :oo  A.  M. 

1908. 

Transfers 
7 

"L's" 
7 

Cash 
2 

2 

1:30 
2:00 

8 
2 

4 
0 

I 
4 

3 

2:30 
3:00 

5 
12 

0 

4 

3 
7 

4 

3:30 
4:00 

I 
2 

I 
2 

3 

I 

« 

4:30 

I 

0 

2 

5 

5:00 

2 

I 

3 

5:30 

3 

2 

4 

Total  Passengers,  94. 

Car  Trip 

3"  I 


43  21  30 


4 

5 

Total  Passengers,  46. 


May  nth. 

1908. 

Time 

Transfers 

"L's" 

Cash 

I  :oo  A.  M. 

I 

0 

2 

1:30 

2 

2 

0 

2:00 

4 

0 

3 

2:30 

I 

0 

2 

3:00 

2 

0 

I 

3:30 

4 

0 

2 

4:00 

0 

2 

2 

4:30 

2 

0 

I 

5:00 

I 

3 

2 

5:30 

2 

0 

5 

19  7  20 

71 


May  I2th,  : 

[908. 

Car 

Trip 

Time 

Transfers 

"L's 

;" 

Cash 

123 

I 

I  :oo  A.  M. 

4 

0 

2 

1:30 

3 

0 

4 

2 

2:00 
2:30 

4 

5 

0 

0 

3 

ID 

3 

3:00 
3:30 

2 

1 

0 
0 

4 
3 

4 

4:00 
4:30 

0 
2 

0 
0 

5 
3 

5 

5:00 
5:30 

3 
I 

0 
0 

3 

7 

Total  Passeneers,  69 

25 

0 

44 

May  13th, 

1908. 

Car 

Trip 

Time 

Transfers 

"L's 

»J 

Cash 

347 

I 

I  :oo  A.  M. 

6 

I 

3 

1:30 

2 

0 

I 

2 

2:00 
2:30 

I 

5 

2 
2 

0 
4 

3 

3:00 
3:30 

15 
0 

I 

I 

I 
4 

4 

4:00 
4:30 

1 

I 

I 
0 

3 

I 

S 

5:00 
5:30 

I 
I 

2 
I 

3 
4 

Total 

Passengers,  68. 

33 

II 

24 

May 

14,  I 

908. 

Car 

Trip 

Time 

Transfers 

"L's 

,»» 

Cash 

332 

I 

I  :oo  A.  M. 

3 

I 

I 

1:30 

5 

0 

0 

2 

2:00 

2:30 

3 

I 

I 
0 

I 
I 

3 

3:00 
3:30 

2 
I 

0 
I 

0 
2 

4 

4:00 
4:30 

2 
I 

0 
0 

0 

2 

S 

5:00 
5:30 

3 
2 

0 
0 

2 

4 

Total  Passengers,  39. 

23 

3 

13 

"L's"  in  Trans 

-    Total 

Cash. 

Cash  Pass. 

"L's 

."     Cash. 

fers. 

Pass. 

Miles. 

Trips. 

Friday       May  ist 

$1.10 

22 

0 

.00 

16 

38 

46 

5 

Saturday 

2nd 

1.25 

25 

0 

.00 

15 

40 

46 

5 

Sunday 

3rd 

i.6s 

33 

25 

1. 00 

35 

93 

46 

5 

Monday        " 

4th 

115 

23 

5 

.20 

18 

46 

46 

5 

Tuesday 

5th 

1.6s 

33 

8 

•32 

8 

49 

46 

5 

Wednesday  " 

6th 

1.60 

32 

0 

.00 

0 

32 

19 

2 

Thursday      " 

7th 

1.15 

23 

4 

.16 

14 

41 

46 

5 

Friday 

8th 

.60 

12 

0 

.00 

15 

27 

46 

S 

Saturday       " 

9th 

.80 

16 

8 

•32 

14 

38 

46 

5 

Sunday          " 

loth 

1.50 

30 

2r 

.84 

43 

94 

46 

5 

Monday         " 

nth 

1. 00 

20 

7 

.28 

19 

46 

46 

5 

Tuesday        " 

i2th 

2.20 

44 

0 

.00 

25 

69 

46 

5 

Wednesday  " 

13th 

1.20 

24 

II 

•44 

33 

68 

46 

5 

Thursday      " 

14th 

.65 

13 

3 

.12 

23 

39 

46 

5 

Totals 

$17.50 

350 

92 

$3.68 

278 

; 

720 

616 

6^ 

72 

Order  No.  517. 

Travis  H.  Whitney,  Esq.,  New  York,  May  29th,  1908. 

Secretary  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

Referring  to  your  Complaint  Order  No.  517,  and  to  the  complaint  of  Mr.  Flynn,  on  which 
the  same  is  based,  I  beg  to  say  that  I  am  informed  that  Section  595  of  the  City  Ordinances 
to  which  Mr.  Flynn  refers,  has  been  substituted  by  Section  65  of  the  Ordinances  for  1907,  and 
that  the  same  provides  that  the  several  railroad  companies  now  running  cars  on  the  surface 
of  any  street  in  the  Borough  of  Manhattan  are  hereby  directed  and  required  to  cause  their  cars 
to  be  run  and  operated  on  their  tracks  as  frequently  as  public  convenience  may  require  and 
not  less  than  one  car  every  twenty-four  minutes  between  the  hours  of  12:00  o'clock,  midnight, 
and  6:00  A.  M.  each  and  every  day  both  ways,  for  the  convenience  of  passengers. 

I  am  not  aware  of  any  similar  ordinance  regarding  the  operation  of  cars  in  the  Borough  of 
Bronx,  nor  am  I  aware  of  any  Ordinance  which  is  being  violated  by  the  Union  Railway  as 
stated  in  Mr.  Flynn's  letter  of  complaint. 

My  judgment  is  that  the  all  night  service  upon  the  Union  Company's  Lines  is  satisfactory, 
adequate  and  convenient,  meets  all  reasonable  requirements  and  that  there  is  no  demand,  other 
than  Mr.  Flynn's,  for  its  increase,  nor  complaint  on  the  part  of  its  patrons  as  to  its  efficiency. 
Most  of  thern  know  when  the  cars  run  and  adjust  themselves  to  the  facts. 

In  respect  to  Mr.  Flynn's  complaint,  I  further  desire  to  submit  a  statement,  herewith  en- 
closed, which  shows  that  for  a  period  of  fourteen  nights,  from  May  ist  to  May  14th  inclusive, 
during  the  hours  in  question,  the  total  number  of  passengers  carried  over  the  Union  Railway's 
entire  route,  from  Third  Avenue  and  i6ist  Street  to  Jerome,  Sedgwick,  Burnside  and  Tremont 
Avenues  to  177th  Street  and  Third  Avenue  was  720.  The  total  cash  fares  received  was  $17.50. 
The  receipts  for  the  sale  of  "L"  tickets  were  $3.68,  or  a  total  of  $21.18  for  fourteen  nights 
service.  From  the  same  statement  you  will  also  find  that  the  total  miles  operated  were  616, 
and  that  the  receipts  were  33^2  cents  and  the  cost  of  operation  143^  cents  per  car  mile. 

As  to  the  complaint  that  the  Union  Railway  Company  fails  to  operate  cars  upon  its  Morris 
Avenue  line,  between  the  hours  of  i  :oo  A.  M.  and  5  :oo  A.  M.,  I  desire  to  state  that  Morris  Ave- 
nue parallels  Third,  Melrose  and  Webster  Avenues,  that  the  Company  is  operating  all  night 
cars  upon  its  Third  Avenue  Line  upon  a  twenty-minute  headway,  making  five  cars  per  hour  on 
Third  Avenue  between  128th  and  163rd  Streets.  The  Company  also  operates  two  cars  per  hour 
from  149th  Street  and  Melrose  Avenue  to  Kingsbridge,  a  total  of  seven  cars  operated  upon  lines 
east  of  and  within  a  reasonable  distance  from  Morris  Avenue.  We  are  of  the  opinion  that 
the  service  during  the  hours  in  question  is  adequate  and  satisfactory  to  a  large  number  of  our 
patrons  living  on  and  adjacent  to  Morris  Avenue. 

I  hope  you  will  agree,  upon  this  statement,  that  the  service  now  rendered  is  all  that  can 
reasonably  be  expected. 

Yours  truly, 

Copy  sent  to  Receiver. 

Frank  J.  Flynn. 

73 


At  a  meeting  of  the  Public  Service  Commission  for  the  First  District,  duly 
held  at  its  office,  No.  154  Nassau  Street,  in  the  Borough  of  Manhattan, 
City  and  State  of  New  York,  on  the  29th  day  of  May,  1908. 


Present: 

William  R.  Willcox, 

Chairman 
Edward  M.  Bassett 
Milo  R.   Maltbie, 


an;    / 

•     I 


Commissioners. 


In  the  Matter 

of  the 

Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  Improvements  in  ^ 

and  Additions  to  the  Service  of  the  THIRD  AVENUE  RAILROAD  COM-  /^ Final  Order  No.  536. 

PANY  and  of  FREDERICK  W.  WHITRIDGE,  as  Receiver  of  said  Company. 

"Kingsbridge  Surface  Line." 
Under  Order  for  Hearing  No.  435,  dated  April  24th,  1908. 


This  matter  coming  on  upon  the  report  of  the  hearing  had  herein  on  the  6th  day  of  May,  the  12th 
day  of  May  and  the  19th  day  of  May,  1908,  and  it  appearing  that  the  said  hearing  was  held  pursuant  to 
hearing  order  number  435  of  this  Commission  dated  April  24,  1908,  and  returnable  on  May  6,  1908,  at 
3:00  P.  M.,  and  it  appearing  that  said  order  was  duly  served  upon  said  Third  Avenue  Railroad  Com- 
pany and  upon  said  F.  W.  Whitridge,  as  Receiver  of  said  Company,  and  that  said  hearing  was  had 
by  and  before  the  Commission  on  the  matters  embraced  in  said  order  for  hearing  on  the  6th,  12th  and 
19th  days  of  May,  1908,  before  Mr.  Commissioner  Maltbie,  presiding,  Harry  M.  Chamberlain,  Esq., 
Assistant  Counsel,  appearing  for  the  Commission  and  no  one  appearing  for  said  Third  Avenue  Railroad 
Company  or  for  said  Receiver,  and  proof  having  been  taken  upon  said  hearing  and  it  being  made  to 
appear  after  the  proceedings  on  said  hearing  that  the  service  of  said  Third  Avenue  Railroad  Company 
and  of  said  F.  W.  Whitridg?  as  Receiver  of  said  Company  in  respect  to  the  transportation  of  persons 
upon  its  line  known  as  the  Kingsbridge  Surface  Line  in  the  City  and  State  of  New  York,  are  unreason- 
able, improper  and  inadequate  in  that  said  Third  Avenue  Railroad  Company  and  said  F.  W.  Whitridge 
as  Receiver  of  said  company,  do  not  operate  cars  enough  upon  said  line  or  with  sufficient  frequency  or 
upon  a  reasonable  time  schedule  reasonably  to  accommodate  the  passenger  traffic  transported  by  them 
or  offered  for  transportation  to  them,  and  it  appearing  that  it  would  be  just,  reasonable  and  proper  that 
the  said  service  of  the  said  Third  Avenue  Railroad  Company  and  of  F.  W.  Whitridge,  as  Receiver  of 
said  company,  be  increased,  supplemented  and  changed  in  the  particulars  hereinafter  set  forth. 

Therefore,  on  motion  of  GEORGE  S.   COLEMAN,  Counsel  to  the  Commission,  it  is 

ORDERED  as  follows: 

(i)  That  said  Third  Avenue  Railroad  Company  and  said  F.  W.  Whitridge,  as  Receiver  of  said 
company,  be  and  they  hereby  are  directed  and  required  to  route  cars  from  125th  Street  and  East  River 
to  the  northerly  terminus  of  said  line  instead  of  from  125th  Street  and  Eighth  Avenue. 

(2)  That  said  Third  Avenue  Railroad  Company  and  said  F.  W.  Whitridge,  as  Receiver  of  said 
company,  be  and  they  hereby  are  directed  and  required  to  operate  daily  including  Sundays  except  be- 
tween the  hours  of  2  A.  M.  and  5  A.  M.  over  every  point  of  said  Kingsbridge  Line  between  i2Sth  Street 
and  East  River  and  the  northerly  terminus  of  the  line,  a  sufficient  number  of  cars  in  each  direction 
past  any  point  of  observation  to  provide  during  every  fifteen  (15)  minute  period  of  the  day  and  night 
a  number  of  seats  at  least  ten  per  cent.  (10%)  in  excess  of  the  number  of  passengers  at  that  point,  the 
number  of  cars  passing  any  point  to  be,  however,  never  less  than  six  (6)  in  each  direction  except  between 
the  hours  of  2  A.  M.  and  5  A.  M. 

(3)  That  said  Third  Avenue  Railroad  Company  and  said  F.  W.  Whitridge  as  Receiver  of  said 
company  be  and  they  hereby  are  directed  and  required  to  institute  said  changes,  improvements  and  ad- 
ditions by  or  before  the  tenth  day  of  June,  1908. 

74 


This  order  shall  continue  in  force  until  such  time  as  the  Public  Service  Commission  for  the  First 
District  shall  otherwise  order. 

(4)  IT  IS  FURTHER  ORDERED  that  said  Third  Avenue  Railroad  Company  and  said  F.  W. 
Whitridge  as  Receiver  of  said  company  notify  the  Public  Service  Commission  for  the  First  District 
within  five  (5)  days  after  service  of  this  order  upon  them  whether  the  terms  of  this  order  are  ac- 
cepted and  will  be  obeyed. 


Order  No.  536. 

New  York,  June  4th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  received  from  you  certified  copy  of  Final  Order  536,  reciting  that  the  Commission  has 
held  three  hearings  in  respect  to  the  Kingsbridge  Surface  Line,  under  Order  for  Hearing  435, 
dated  April  24th,  1908,  and  reciting  further  that  "nobody  appearing  for  the  Third  Avenue  Rail- 
road Company  or  for  its  Receiver,  and  proof  having  been  taken  upon  said  hearing  and  it  being 
made  to  appear  that  the  service  of  the  Third  Avenue  Railroad  Company  and  of  its  Receiver,  is 
unreasonable,  improper  and  inadequate,  in  that  they  do  not  operate  enough  cars  upon  said  line  or 
with  sufficient  frequency  or  upon  a  reasonable  time  schedule  reasonably  to  accommodate  the 
passenger  traffic  transported  by  them  or  offered  for  transportation  to  them,  and  it  appearing 
that  it  would  be  just,  reasonable  and  proper  that  the  service  should  be  increased,  supplemented 
and  changed  in  the  following  particulars ; 

"IT  IS  THEREFORE,  on  motion  of  the  Commission's  Counsel, 

"ORDERED,  that  the  Third  Avenue  Railroad  and  the  Receiver  be,  and  they  hereby  are 
directed  and  required  to  route  cars  from  125th  Street  and  East  River  to  the  northerly  terminus  of 
said  line  instead  of  from  125th  Street  and  Eighth  Avenue." 

Second:  "That  said  Third  Avenue  Railroad  Company  and  its  Receiver  are  required  to 
operate  daily,  including  Sundays,  except  between  the  hours  of  2  A.  M.  and  5  A.  M.,  over  every 
point  of  said  Kingsbridge  Line  between  125th  Street  and  East  River  to  the  northerly  terminus 
of  said  Line,  a  sufficient  number  of  cars  in  each  direction  past  any  point  of  observation,  to  provide 
during  every  fifteen  minute  period  of  the  day  and  night,  a  number  of  seats  in  excess  of  at  least  ten 
per  cent,  of  the  number  of  passengers  at  that  point,  the  number  of  cars  passing  any  point  to  be 
never  less  than  six  in  each  direction,  except  between  the  hours  of  2  A.  M.  and  5  A.  M." 

Third:  "That  we  are  directed  and  required  to  institute  said  changes,  improvements  and 
additions  on  or  before  June  loth,  and 

Fourth:  "That  I  am  required  to  notify  you  within  five  days  after  service  of  this  Order 
whether  the  terms  of  this  Order  are  accepted  and  will  be  obeyed." 

Upon  this  I  have  respectfully  to  make  the  following  observations : 

First :  The  Order  should  recite  that  you  were  notified  by  me  in  a  letter  dated  April  30th, 
1908,  that  the  cars  were  in  fact  running  from  125th  Street  and  East  River  to  the  northerly  ter- 

75 


minus  of  said  Line,  at  the  time  your  Order  for  Hearing  was  made — it  ought  in  candor  also  to 
recite  that  you  were  informed  by  Mr.  Maher  a  month  before  that  time  that  it  was  our  intention 
to  so  run  the  cars — and  it  should  also  recite  that,  in  that  letter,  I  denied  that  the  service  was 
inadequate,  unreasonable  or  improper. 

Second:  As  I  am  unable  to  comprehend  why  any  tribunal  whatever  should  order  anything 
to  be  done  which  already  had  been  done  and  which  it  knew  had  been  done — and  I  have  known 
the  Courts  to  reprimand  very  junior  practitioners  for  asking  for  a  mandamus  under  such  circum- 
stances— I  think  that  possibly  my  letter  dated  April  30th  may  not  have  been  received  by  you,  or 
that,  if  it  has  been  received,  it  was  treated,  as  others  have  been,  as  no  part  of  the  record  in  the 
case  to  which  it  referred.  I  am,  therefore,  constrained  to  call  your  attention  to  the  fact  that  I 
have  received  no  reply  to  my  letter  of  May  6th,  requesting  you  to  inform  me  whether  my 
answers  to  your  Orders  were  to  be  treated  as  such,  or  were  to  be  disregarded,  and  to  request 
you  to  be  good  enough  to  answer  that  letter  of  May  6th. 

Third :  As  to  complying  with  Paragraph  2  of  your  Order,  I  am  bound  to  say  that  I  do  not 
know  what  it  imeans.  The  oldest  railroad  men  inform  me  that  no  such  method  as  you  outline 
for  computing  the  service  of  cars,  has  ever  been  applied  in  their  experience.  It  would  take  a  very 
much  larger  number  of  inspectors  than  I  have,  or  can  afford  to  have,  to  take  the  necessary  obser- 
vations, and  it  appears  to  me  that  however  many  cars  I  had  and  however  many  inspectors  I  had,  it 
would  be  entirely  possible  for  you,  at  some  one  of  the  "many  points  of  observation,"  to  find  that  at 
some  time  there  was  a  violation  of  your  Order,  and  in  addition  thereto  it  would  require  a  fore- 
knowledge of  the  weather  and  of  the  possible  congregation  of  the  inhabitants,  to  avoid  such  possi- 
ble and  isolated  violation.  If  you  will  translate  that  Order  into  a  requisition  for  me  to  run  a  certain 
number  of  cars  in  addition  to  those  which  I  now  run,  I  will  see  what  I  can  do  about  it.  In  the 
meantime,  I  reiterate  that  the  service  on  this  Line  is  entirely  adequate  and  reasonable.  I  have 
received  no  complaints  from  anybody  about  it.  My  own  observation  shows  that  the  cars  run 
very  empty,  and  I  believe  the  service  now  complies  with  your  Order. 

Fourth :  If,  however,  you  think  more  cars  should  be  run  on  this  Line,  I  call  your  attention 
to  the  fact  that  you  are  already  fully  advised  by  me  that  all  the  cars  I  have  are  in  operation, 
excepting  those  which  are  in  the  shops,  and  that  if  you  should  require  any  additional  cars  to  be  run 
on  the  Kingsbridge  Line,  it  would  be  necessary  to  remove  the  cars  for  that  purpose  from  some 
of  the  other  Lines  under  my  control,  all  of  which  are  covered  by  similar  Orders  to  the  one  now 
before  me. 

Probably  the  most  practical  way  would  be  for  you  to  send  some  intelligent  member  of  your 
staff — this  you  will  understand  excludes  two  of  your  employees  whom  I  have  discussed  with  Mr. 
Willcox — up  here  to  see  what  we  are  doing  with  the  cars  we  have,  and  how  their  service  can  be 
changed  to  meet  your  views. 

Yours  respectfully. 

Receiver. 
1^ 


New  York,  June  loth,  1908. 
Mr.   Frederick  W.  Whitridge,  Receiver, 
Third  Avenue  Railway  Company, 
65th  Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir: 

Your  letter  of  June  4th  has  been  referred  to  me,  and  in  reply  I  beg  to  say  that  the  order  issued  by 
the  Commission  never  attempts  to  recite  all  of  the  facts  but  merely  the  more  important  ones.  Usually 
a  report  is  submitted  by  the  Commissioner  presiding  for  the  consideration  and  approval  of  the  Com- 
mission which  states  much  more  fully  the  facts  as  brought  out  by  the  hearings.  In  the  report  accom- 
panying the  order  I  stated  that  you  were,  at  the  time  the  hearing  closed,  operating  the  Kingsbridge  cars 
from  125th  Street  and  East  River.  I  might  have  added  that  I  originally  suggested  this  plan  to  Mr. 
Maher  and  that  he  stated  he  had  been  considering  it  and  thought  it  would  be  wise.  When  our  first  ob- 
servations were  made  the  cars  were  stopping  at  125th  Street  and  Eighth  Avenue.  If  this  had  been  the 
only  question  raised  in  the  hearings,  I  would  have  agreed  with  you  that  it  was  unnecessary  to  issue  an 
order,  but  as  there  were  other  matters  to  be  dealt  with  anyway  and  as  the  report  stated  that  you  had 
already  decided  to  run  the  cars  across  town,  I  thought  there  could  by  no  means  be  any  possible  harm 
in  including  it  in  the  order. 

If  I  remember  correctly,  your  letter  was  made  a  part  of  the  record  in  the  case,  although,  of  course, 
it  did  not  appear  in  the  order.  As  to  paragraph  2  of  the  order,  relative  to  the  relation  of  seats  to  pas- 
sengers, I  shall  be  glad  to  have  one  of  our  engineers  call  upon  you  or  upon  Mr.  Maher  and  explain  it. 
I  wish  to  say,  however,  that  it  was  suggested  by  a  railroad  manager  who  has  been  operating  roads  for 
many  years  and  although  not  in  the  precise  form  in  which  he  originally  suggested  it,  it  is  his  suggestion 
in  essence. 

My  report  also  stated  that  the  principal  criticism  of  the  service  on  the  Kingsbridge  line  was  as  to 
its  irregularity  and  the  failure  to  provide  suflficient  cars  upon  Saturday  afternoons  and  Sundays.  Dur- 
ing the  week  there  were,  apparently,  not  many  instances  when  the  service  was  inadequate.  It  has 
seemed  to  the  Commission  that  it  was  the  duty  of  the  manager  of  a  railroad  to  anticipate  traffic,  and  if 
you  will  examine  Section  37  of  the  Public  Service  Commission  Law,  you  will  see  that  this  is  apparently 
the  intent  of  the  statute.  Of  course  an  order  could  be  issued  requiring  that  a  certain  specified  number 
of  cars  shall  be  run  during  certain  hours,  but  the  difficulty  with  such  an  order  is  that  it  is  not  suffi- 
ciently elastic  and  flexible  to  meet  the  conditions  as  they  actually  exist.  Such  an  order  might  require 
too  many  cars  at  certain  times  and  too  few  at  others. 

If  you  did  not  have  cars  enough  to  comply  with  the  order,  this  fact  should  have  been  brought  out 
at  the  hearings,  and  if  you  so  desire  and  will  request  a  rehearing  upon  this  order,  I  am  sure  the  Com- 
mission will  grant  the  request  and  the  facts  you  mention  can  be  considered  at  that  time. 

In  conclusion,  I  beg  to  state  that  the  case  was  taken  up  on  the  complaint  of  several  residents  in  the 
Dyckman  district  and  some  of  them  appeared  at  the  hearings. 

Very  sincerely, 

MILO    R.    MALTBIE, 
MRM/EMH  Commissioner. 


New  York,  June  nth,  1908. 
Milo  R.  Maltbie,  Esq., 

Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  loth  instant  for  which  I  am  very  much  obliged  to  you.  In  respect 
to  the  form  of  the  Order,  if  you  are  content  to  have  your  Commission  make  an  Order  direct- 
ing a  thing  to  be  done  which  already  has  been  done,  and  which  you  know,  by  proper  notice,  to 
have  been  done,  I  have  no  objections.  It  puts  me  in  the  false  light  of  refusing  to  do  things 
until  I  am  ordered,  which  is  unjust,  and,  if  the  fact  should  ever  come  out,  I  think  it  would  put 

n 


the  Commission  in  a  light — frankly  speaking — of  not  understanding  how  any  sort  of  legal  busi- 
ness ought  to  be  done,  but,  of  course,  the  matter,  as  far  as  I  am  concerned,  is  a  small  one. 
It  does  not  seem  to  me  that  there  is  very  much  difference  between  us  as  to  the  difficulties  of 
complying  with  the  form  of  Order  which  you  have  chosen  to  adopt.  It  is,  to  my  mind,  ob- 
viously an  Order  which  it  is  entirely  possible  for  anybody  to  find  any  number  of  violations  of,  no 
matter  what  service  might  be  rendered,  and  if  I  may  say  so,  you  seem  to  me  to  give  the  case 
away  when  you  say,  "Of  course  an  Order  could  be  issued  requiring  that  a  specified  number  of 
cars  shall  be  run  during  certain  hours,  but  the  difficulty  with  such  an  order  is,  that  it  may  not 
be  sufficiently  elastic  and  flexible  to  meet  the  conditions  as  they  actually  exist ;  such  an  Order 
might  require  too  many  cars  at  certain  times  and  too  few  at  others."  The  difficulty  which  you 
suggest  as  to  making  this  Order  yourselves,  applies  equally  to  me,  and  with  much  greater  force 
to  the  ten  per  cent,  excess  Order  you  have  adopted.  If  you  cannot  justly  translate  your  own 
order,  how  can  I  be  expected  to  do  so? 

I  am  more  than  anxious  to  give  every  facility  to  the  people  who  use  the  Third  Avenue 
Lines,  and  to  put  on  all  the  cars  which  any  reasonable  person  can  think  ought  to  be  used.  I 
do  not  stick  on  car  mileage  or  anything  of  that  sort ;  I  want  the  people  to  be  accommodated,  but 
the  difficulty  of  any  kind  of  Order  is  just  what  you  state  yourself.  I  quite  agree  with  you 
that  it  is  the  business  of  railroad  managers  to  anticipate  traffic,  but  it  would  require  the 
prescience  of  an  Archangel — which  none  of  us  have — to  frame  any  kind  of  an  Order  to  meet  the 
situation  on  surface  lines"  in  this  city.  What  we  must  have,  and  what  in  fact  we  have  got,  is  a 
proper  officer  sitting  here  hour  by  hour  to  meet  the  situations  as  they  arise.  No  general  Order 
will,  in  my  judgment,  do  it.  What  I  object  to  about  your  Orders — so  far  as  I  have  any  objec- 
tions at  all — is  that  you  have  rained  them  down  upon  me  when  you  knew  the  difficulties  which 
I  had  to  meet,  and,  I  think,  also  knew  the  endeavors  I  was  making  to  meet  them. 

I  see  no  object  in  requesting  a  rehearing  from  you  in  this  particular  matter.  Your  Com- 
mission knows  perfectly  well  how  many  cars  I  have  got  and  what  I  am  doing  with  them,  and  it 
also  knows  that  it  has  made  orders  in  respect  to  all  of  the  Lines  under  my  control,  which  the 
cars  I  have  are  inadequate  to  fulfill.  It  further  knows  that  I  have  ordered  new  cars  and  that 
they  are  being  put  in  service  as  fast  as  they  arrive.  Already  we  have  done  a  good  deal  to  the 
Bridge,  the  effect  of  which  I  think  ought  to  be  very  good.  Before  I  had  either  authority  or 
money,  I  took  it  upon  myself  to  order  fifty  new  open  cars  for  delivery  on  July  ist,  and  it  is  my 
intention  to  put  a  few  of  those  on  the  Kingsbridge  Line,  not  because  they  are  now  needed 
there,  but  because  I  think  that  an  attractive  car  on  a  long  line  like  that,  of  more  or  less  a  rural 
character,  will  create  paying  traffic. 

It  is  a  pity  that  the  complainants  in  the  Dyckman  District  should  never  have  breathed  a 
word  to  me  of  what  they  wanted,  and  that  you  did  not  send  me  their  complaints,  before  you 
acted  on  them. 

Yours  truly, 


Receiver. 


78 


New  York,  June  26th,  1908. 

Mr.    F.    W.    Whitridge,    Receiver, 
Third  Avenue  Railroad  Co., 

65th  Street  and  Third  Avenue,  ' 

New  York  City. 

Dear  Mr.  Whitridge: 

Your  letter  of  June  nth  came  to  hand  duly,  but  I  have  been  indisposed  for  some  two  weeks  and 
have  not  been  able  to  keep  up  with  all  of  my  work. 

If  I  may  cover  somewhat  the  same  ground  covered  in  my  former  letter,  I  wish  to  say  that  the 
manager  of  a  line,  such  as  the  Kingsbridge  line,  is  in  a  different  position  from  the  Commission.  He  is 
in  touch  with  the  situation  every  hour  in  the  day,  from  the  daily  reports  made  to  him  he  knows  travel 
fluctuates  and  is  able,  if  he  is  a  competent  man,  to  forecast  with  a  great  degree  of  certainty  what  the 
travel  will  be,  unless  a  storm  or  some  other  wholly  unforeseen  occurrence  interferes  with  the  traffic.  He, 
therefore,  is  able,  with  considerable  accuracy,  to  tell  from  hour  to  hour,  how  many  cars  should  be  operated 
in  order  to  accommodate  the  traffic. 

If  the  Commission  should  fix  a  definite  number  of  cars  applicable  to  ordinary  conditions,  this  num- 
ber is  very  likely  to  be  too  low  at  certain  times  and  too  high  at  others.  The  standard  provided  in  re- 
cent orders  is  a  flexible  one,  and  our  observations  show  that  when  a  line  manager  is  alert  and  has 
proper  reports  made  to  him,  he  is  able  to  operate  under  the  order  and  give  good  service  without  any 
violations  to  speak  of,  and  Section  y]  of  the  Law  provides  a  method  of  dealing  with  just  such  cases. 
Of  course  if  the  line  manager  attempts  to  cut  closely  to  the  10%  provision,  he  may  easily  violate  the 
order,  but  if  he  takes  due  precaution  and  does  not  try  to  keep  just  within  the  provisions  of  the  order, 
he  is  not  likely  to  have  many,  if  any,  violations  upon  his  line. 

I  presume  you  know  that  we  originally  started  with  a  form  of  order  which  prescribed  the  number 
of  cars  to  be  run,  leaving  little  discretion  to  the  company,  and  the  change  was  made  at  the  sugges- 
tion  of  the   companies  themselves. 

Very  sincerely, 

MILO  R.  MALTBIE, 

Commissioner. 
MRM/EMH 


New  York,  June  27th,  1908. 
Milo  R.  Maltbie,  Esq., 

Public   Service  Commission, 

154  Nassau  Street,  City. 

My  dear  Mr.  Maltbie : 

I  have  yours  of  the  26th  and  I  am  very  sorry  indeed  to  hear  that  you  have  been  indisposed, 
although  I  confess  I  had  been  venturing  to  flatter  myself  that  your  unprecedented  period  of 
silence  was  caused  by  your  finding  my  last  letter — like  the  previous  one  in  which  I  called  your 
attention  to  the  fact  that  your  inspector  was  so  fired  by  zeal  and  so  confident  of  the  necessary 
efficacy  of  the  Orders  of  the  Public  Service  Commission,  that  he  had  inspected  a  number  of 
things  in  the  42nd  Street,  cars  which  did  not  exist — difficult  to  answer. 

If  I  should  now  undertake  a  detailed  reply  to  the  letter  you  are  good  enough  to  send  me. 
we  should  begin  to  travel  in  a  circle.  I  have  said  all  that  I  have  to  say  about  the  order  referred 
to.  except  perhaps  this :  I  am  here  temporarily  engaged  in  cleaning  up  a  mess.  If  I  were  intend- 
ing to  remain  in  the  traction  business.  I  should  be  happy  to  take  up  all  of  these  things  with 
you.  and  perhaps  I  should  be  able  to  bring  you  all  to  a  better  mind,  but,  as  it  is,  I  can  only 
say  that  I  think  you  are  wrong  in  the  form  of  your  orders,  wrong  in  the  occasion  of  your  orders. 

7Q 


and  wrong  in  undertaking  to  deal  with  most  of  the  situations  with  which  you  do  deal,  by 
orders  at  all.  In  consequence,  your  Commission  has  made  nearly  eight  times  as  many  orders 
as  the  up-State  Commission  and  far  more  than  the  Interstate  Commerce  Commission.  You 
have  not  helped  me,  you  have  prevented  me  from  helping  you,  and  you  have  not  really  accom- 
plished anything  in  matters  under  my  control,  which  is  a  pity,  for  it  prevents  your  Commission 
from  enjoying  the  position  which  it  ought  to  command.  Nevertheless  you  will  find  that  I  have 
complied  with  all  of  your  orders,  except  when  it  was  impossible,  and  in  respect  to  the  Kings- 
bridge  Road,  for  instance,  I  recommend  that  you  take  a  ride  there  tomorrow  morning,  and 
unless  "all  men  are  liars,"  you  will  find  at  least  ten  attractive  open  cars  at  work,  which  were 

delivered  to  me  yesterday. 

Yours  truly. 

Receiver. 

Order  No.  536. 

New  York,  June  29th,  1908. 
Mr.  F.  W.  Whitridge,  Receiver, 

Third  Avenue  Railroad  Company, 

65th  Street  and  Third  Avenue,  " 
New  York  City. 
Dear  Sir: 

In  the  temporary  absence  of  Commissioner  Maltbie,    I    beg   to   acknowledge   receipt   of   your   es- 
teemed favor  of  the  27th  inst.,  which  will  be  referred  to  him  on  his  return. 

Respectfully  yours, 


FNS/EMH 


FAY  N.  SEATON, 
Secretary  to  Commissioner  Maltbie. 


New  York,  June  6th,  1908. 
Frederick  W.  Whitridge,  E^q.,  Receiver, 
The  Third  Avenue  Railroad  Company, 
65th  Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir: 

In  acknowledging  receipt  of  your  communication  of  June  4th  relating  particularly  to  Final  Order  No. 
536,  you  on  page  3  of  your  letter  state  that  you  have  received  no  reply  to  your  letter  of  May  6th.  Without 
taking  up  at  this  time  the  other  matters  discussed  in  your  letter,  I  wish  to  call  your  attention  to  the  fact 
that  on  May  25th  I  sent  you  a  letter  in  reply  to  yours  of  May  6th,  in  which  I  stated : 

"The  Commission  gives  hearings  for  the  purpose  of  securing  the  testimony  of  witnesses  who  may  ap- 
pear or  be  subpoenaed,  placing  them  under  oath  and  allowing  cross-examination.  Reports  made  by  Inspectors 
of  the  Commission  are  almost  without  exception  introduced  at  the  hearing  and  a  copy  furnished  to  the  com- 
pany interested  in  order  that  it  may  be  fully  advised  as  to  the  matters  laid  before  the  Commission  and  the 
sitting  Commissioner. 

"In  the  case  of  orders  directed  to  the  Third  Avenue  Railroad  Company,  I  beg  tQ  state  that  your  com- 
munications have  in  each  case  gone  to  the  sitting  Commissioner  and  been  considered  by  him  in  the  mak- 
ing of  any  orders  following  the  hearings.  They  are  not  necessarily  introduced  in  evidence  at  the  hearings, 
but  are  made  a  part  of  the  record  of  the  particular  proceeding." 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 

Secretary. 
THW/RW 

80 


Travis  H.  Whitney,  Esq.,  New  York,  June  8th,  1908. 

Secretary  PubHc  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  Dear  Sir: 

I  have  yours  of  the  6th  this  morning,  for  which  I  am  much  obliged  to  you.  In  this  you 
observe  that  on  the  25th  of  May  you  sent  me  a  letter,  from  which  you  quote.  Will  you  be 
good  enough  to  have  a  copy  of  that  letter  made  from  your  letter  books,  as  I  did  not  receive  it? 

Yours  truly, 

Receiver. 


Frederick  W.  Whitridge,  Esq.,  Receiver,  New  York,  June  9th,  1908. 

The  Third  Avenue  Railroad  Company, 
65th  Street  and  Third  Avenue, 
New   York  City. 
Dear  Sir : 

In  reply  to  your  communication  of  June  8th,  in  which  you  ask :  "Will  you  be  good  enough  to  have  a 
copy  of  your  letter  made  from  your  letter  books,  as  I  did  not  receive  it,"  referring  thereby  to  a  letter  which 
I  stated  in  my  letter  of  June  6th  had  been  sent  to  you  on  the  25th  of  May.  I  beg  to  thank  you  for  calling 
my  attention  to  the  exact  situation,  which  I  have  found  to  be  on  investigation  as  follows : 

On  May  25th  I  dictated  a  letter  to  you  which,  when  it  came  to  me  for  signature,  I  returned  with  a 
slight  correction  to  be  re- written.  It  appears  that  the  clerk  having  charge  of  the  mail  ran  the  corrected 
letter  through  the  copying  machine  and  mailed  it,  presumably  unsigned,  and  it  may  be  that  your  office  re- 
ceived it  in  that  condition.  At  any  rate,  I  enclose  herewith  my  letter  as  it  should  have  gone  to  you  on  May  25th. 
I  beg  to  apologize  for  not  having  gotten  my  letter  in  answer  to  your  letter  of  May  6th  to  you  until  the 
present    time. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
THW/RW  Secretary. 

Enc. 


Frederick  W.  Whitridge,  Esq.,  Receiver,  New  York,  May  25th,  1908. 

Third   Avenue   Railroad   Company, 
65th  Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir : 

In  reply  to  your  communication  of  May  6th  asking  that  a  letter  of  yours  of  April  30th  be  made  a  part 
of  the  record  and  requesting  statement  as  to  the  practice  of  the  Commission  with  regard  to  such  communi- 
cations, I  beg  to  state  that  the  Commission  gives  hearings  for  the  purpose  of  securing  the  testimony  of  wit- 
nesses who  may  appear  or  be  subpoenaed,  placing  them  under  oath  and  allowing  cross-examination.  Reports 
made  by  Inspectors  of  the  Commission  are  almost  without  exception  introduced  at  the  hearing  and  a  copy 
furnished  to  the  company  interested  in  order  that  it  may  be  fully  advised  as  to  the  matters  laid  before  the 
Commission  and  the  »sitting  Commissioner. 

In  the  case  of  orders  directed  to  the  Third  Avenue  Railroad  Company,  I  beg  to  state  that  your  com- 
munications have  in  each  case  gone  to  the  sitting  Commissioner  and  been  considered  by  him  in  the  making  of 
any  orders  following  the  hearings.  They  are  not  necessarily  introduced  in  evidence  at  the  hearings,  but  are 
made  a  part  of  the  record  of  the  particular  proceeding. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY. 
THVZ/RW  Secretary. 

81 


Travis  H.  Whitney,  Esq.,  New  York,  June  loth,  1908. 

Secretary  Public  Service   Commission, 
154  Nassau  Street,  New  York  City. 
My  Dear  Sir: 

I  have  yours  of  the  9th  enclosing  copy  of  yours  of  the  25th,  which  was  intended  to  have 
been  sent  to  me.  I  am  very  much  obliged  to  you  for  the  trouble  you  have  taken  in  the  matter, 
which  makes  the  record  complete. 

I  notice  in  your  letter  of  the  25th  you  say  that  "reports  by  inspectors  of  the  Commission 

are,  almost  without  exception,  introduced  at  the  hearing,  and  copy  furnished  to  the  Company 

interested."    I  never  have  received  copies  of  any  such  reports,  except  the  one  I  asked  for  the 

other  day  in  connection  with  the  42nd  Street  Road,  on  which  I  commented  in  my  last  letter  to 

you. 

Yours  very  truly, 

Receiver. 


Order  No.  584. 
Frederick  W.  Whitridge,  Esq.,  New  York,  June  18,  1908. 

Receiver  Union  Ry.  Co., 

Third  Ave.  and  65th  Street,  N.  Y.  C. 
Sir: 

I  enclose  herewith  a  certified  copy  of  Order  No.  584,  adopted  by  this  Commission  on  June  16,  1908. 
In    connection    with    your    acknowledgment    of    receipt  hereof,  I  beg  to  call  your  attention  to  Section  23 
of  the  Public  Service  Commissions  Law  requiring  that  the  Commission  shall  be  notified  forthwith  of  the  re- 
ceipt of  an  order  and  that  the  certificate  must  be  signed  and  acknowledged  before  a  notary  by  a  person  or 
officer  duly  authorized  by  the  corporation  to  admit  such  service. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 

Secretary. 
THW/EH 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


In  the  Matter 

of 

The  hearing  on  the  motion  of  the  Commission  on  the  question  whether  New 
York  City  Railway  Company  and  Metropolitan  Street  Railway  Company,  or 
Adrian  H.  Joline  and  Douglas  Robinson,  their  Receivers;  Third  Avenue  Rail-  I  Final  Order 
road  Company,  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company  f  No.  584. 
and  the  Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway 
Company,  or  Frederick  W.  Whitridge,  their  Receiver;  The  Union  Railway 
Company,  or  Frederick  W.  Whitridge,  its  Receiver,  should  not  be  required 
to  give  the  Commission  a  reasonable  notice  in  writing  of  any  proposed  pur- 
chase of  cars,  brakes,  fenders  or  other  equipment. 


An  order  known  as  Order  No.  465  having  been  duly  made  on  the  8th  day  of  May,  1908,  that  a  hearing 
be  had  to  inquire  whether,  in  order  to  enable  the  Commission  properly  to  perform  its  duty  of  having  gen- 

82 


eral  supervision  of  all  street  railroads  in  the  City  of  New  York  and  of  keeping  informed  as  to  their  general 
condition  and  the  manner  in  which  they  are  operated,  they  should  not  be  required  to  give  reasonable  notice 
in  writing  to  the  Commission  of  any  proposed  purchase  by  them  of  any  cars,  brakes,  fenders  or  other  equip- 
ment and  submit  the  plans  and  specifications  pertaining  to  such  purchase,  and  the  said  order  having  been 
duly  served  on  New  York  City  Railway  Company  and  Metropolitan  Street  Railway  Company,  and  Adrian 
H.  Joline  and  Douglas  Robinson,  their  Receivers ;  Third  Avenue  Railroad  Company,  Dry  Dock,  East  Broad- 
way and  Battery  Railroad  Company  and  the  Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue 
Railway  Company,  and  Frederick  W.  Whitridge,  their  Receiver;  the  Union  Railway  Company,  and  Fred- 
erick W.  Whitridge,  its  Receiver;  New  York  City  Interborough  Railway  Company,  Southern  Boulevard 
Railroad  Company,  Yonkers  Railroad  Company,  and  Leslie  Sutherland,  its  Receiver;  Westchester  Electric 
Railroad  Company,  and  J.  Addison  Young,  its  Receiver;  Interborough  Rapid  Transit  Company,  City  Island 
Railroad  Company,  Pelham  Park  Railroad  Company,  New  York  and  Queens  County  Railway  Company,  Long 
Island  Electric  Railway  Company,  New  York  and  Long  Island  Traction  Company,  Ocean  Electric  Railway 
Company,  Coney  Island  and  Brooklyn  Railroad  Company,  Van  Brunt  Street  and  Erie  Basin  Railroad  Com- 
pany, Brooklyn  Rapid  Transit  Company,  Brooklyn  Heights  Railroad  Company,  Brooklyn  Union  Elevated 
Railroad  Company,  Nassau  Electric  Railroad  Company,  Brooklyn,  Queens  County  and  Suburban  Railroad 
Company,  Coney  Island  and  Gravesend  Railway  Company,  Sea  Beach  Railway  Company,  South  Brooklyn 
Railway  Company,  Bush  Terminal  Railroad  Company,  Richmond  Light  and  Railroad  Company,  Staten 
Island  Midland  Railway  Company,  Bridge  Operating  Company,  Marine  Railway  Company  and  Southfield 
Beach  Railway  Company,  and  said  hearing  having  been  duly  held  on  the  22d  day  of  May,  1908,  and  the  2d 
day  of  June,  1908,  before  Hon.  Milo  R  Maltbie,  Commissioner,  Mr.  Alfred  A.  Gardner  appearing  for  the 
Interborough  Rapid  Transit  Company  and  the  New  York  and  Queens  County  Railway  Company,  Mr.  Adrian 
H.  Larkin  appearing  for  the  Staten  Island  Midland  Railway  Company  and  the  Richmond  Light  and  Railroad 
Company,  Mr.  Arthur  A.  Dutton  representing  the  Brooklyn  Rapid  Transit  Company,  Mr.  C  L.  Addison 
representing  the  Ocean  Electric  Railway  Company,  and  Mr.  Henry  H.  Whitman,  •  Assistant  Counsel  to  the 
Commission,  attending,  and  the  Commission  being  of  the  opinion,  after  said  hearing,  that  the  statements  and 
drawings  hereinafter  directed  to  be  furnished  ought  reasonably  to  be  furnished  in  order  to  enable  the  Com- 
mission properly  to  perform  its  duty  and  to  carry  out  the  purposes  of  the  Public  Service  Commissions  Law, 
it  is 

ORDERED,  that  each  of  said  street  railroad  companies,  or  its  receiver  or  receivers,  if  any,  be  and  they 
hereby  are  directed  before  or  within  five  days  after  the  day  on  which  any  contract  for  the  purchase  of  any 
new  car  equipment  (meaning  thereby  new  car  bodies,  new  trucks,  new  electrical  car  equipment,  new  brakes, 
new  fenders,  new  wheel  guards,  new  headlights,  and  new  gates),  is  entered  into  by  it,  or  by  its  receiver  or 
receivers,  if  any,  to  furnish  to  the  Electrical  Engineer  of  the  Commission  a  memorandum,  including  gen- 
eral drawings  showing  the  character  and  type  of  said  new  car  equipment  so  contracted  for  or  about  to  be 
contracted  for.  This  order  shall  not  be  construed  as  covering  purchases  of  materials  required  for  making 
ordinary  repairs  to  car  equipment,  as  above  defined,  nor  as  requiring  information  as  to  prices  to  be  paid  for 
said  new  car  equipment,  nor  the  names  of  the  manufacturers  or  dealers  with  whom  such  contracts  are 
made  or  about  to  be  made,  nor  as  requiring  detailed  working  drawings;  but  this  order  shall  be  construed 
as  requiring  such  memoranda  including  general  drawings  as  are  necessary  to  enable  the  Commission  to  de- 
termine whether  said  new  car  equipment,  so  contracted  for,  or  about  to  be  contracted  for,  will  be.  in  its 
opinion,  safe,  proper  and  adequate  for  the  transportation  of  persons  or  property;  and  it  is  further 

ORDERED,  that  this  order  shall  take  effect  on  June  30th,  1908,  and  shall  continue  in  force  for  a  period 
of  two  years;  and  it  is  further 

ORDERED,  that  each  of  said  street  railroad  corporations,  or  its  receiver  or  receivers,  if  any,  notify 
the  Commission  in  writing  within  five  days  after  the  service  of  this  order  whether  its  terms  are  accepted  and 
will  be  obeyed. 

Travis  H.  Whitney,  Esq.,  New  York,  June  19th,  1908. 

Secretary  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  several  copies  of  your  letter  of  the  i8th  instant  enclosing  the  584th  Order  of  the 
Public  Service  Commission,  and  in  reply  thereto,  I  respectfully  refer  you  to  my  letter  of  May 

83 


I2th,  before  the  Order  was  issued,  in  which  I  state:  "I  beg  you  to  accept  my  assurance  that, 
so  far  as  the  properties  under  my  charge  are  concerned,  it  is  not  at  all  necessary  to  make  any 
such  order ;  still  less  is  it  necessary  to  have  a  Hearing  of  27  different  corporations  or  persons 
to  find  out  whether  it  is  desirable,  because  any  information  in  my  possession  which  will  assist 
you  to  keep  informed  as  to  the  things  you  are  supposed  to  regelate,  is  entirely  at  your  service 
and  you  have  only  to  ask  for  it  to  have  it  furnished." 

I  shall  be  happy  to  treat  this  promise  as  a  compliance  with  the  Order  which  the  Commis- 
sion has  seen  fit  to  burden  themselves  by  making. 

Yours  very  truly. 

Receiver. 

Frederick  W.  Whitridge,  Esq.,  New  York,  June  20th,   1908. 

Receiver  The  Third  Avenue  Railroad  Company, 
65th  Street  and  Third  Avenue,  New  York  City. 
Sir: 

The  particulars  concerning  the  following  accidents  are  called  to  your  attention  because  on  the  face  of 
the  records  they  show  a  disregard  or  failure  on  the  part  of  the  Third  Avenue  Railroad  Company  and  the 
42nd  Street,  M.  &  S.  Railway  Company  to  comply  with  the  terms  of  Order  No.  i  of  the  Public  Service 
Commission  for  the  First  District. 

At  5:50  P.  M.,  June  12th,  a  telephone  report  was  received  to  the  effect  that  at  12:40  P.  M.  of  the 
same  day  at  8oth  Street  and  Broadway  on  the  line  of  the  42nd  Street,  M.  &  S.  Railway  Company,  Charles 
Brohn,  of  246  East  io6th  Street,  was  injured  in  attempting  to  board  car  No.  180  of  that  line.  The  report 
showed  that  S  hours  and  10  minutes  had  elapsed  from  the  time  of  the  accident  to  the  time  this  office  was 
notified. 

On  June  12th,  at  5  :S0  P.  M.,  a  telephone  report  was  received  to  the  effect  that  at  3  :oo  P.  M.  of  the  same 
day,  at  a  point  between  22nd  and  23rd  Streets  on  Third  Avenue,  a  man  named  John  Sullivan  was  struck 
by  moving  car  No.  92.    The  delay  in  this  case  being  2  hours  and  50  minutes. 

On  June  15th,  at  4:08  P.  M.,  a  report  was  received  by  telephone  that  at  12:26  A.  M.  of  the  same  day 
an  unknown  man  standing  on  the  running  board  of  car  No.  121,  southbound,  of  the  Third  Avenue  line,  be- 
tween 51st  and  52nd  Streets,  was  struck  by  "L"  pillar  and  killed.  The  time  elapsed  in  this  case  between 
the  happening  of  the  accident  and  notification  to  this  office  was  15  hours  and  42  minutes. 

On  June  17th,  at  6:20  P.  M.,  a  report  was  received  of  an  accident  which  occurred  at  1:56  P.  M.  at 
125th  Street  and  Seventh  Avenue,  in  which  car  No.  104  collided  with  car  No.  2740.  The  time  elapsed  be- 
tween the  happening  of  the   collision   and   notification  to  this  office  was  4  hours  and  24  minutes. 

On  June  19th,  at  1:20  P.  M.,  a  telephone  report  was  received  to  the  effect  that  at  11:50  P.  M.  of  June 
i8th  an  unknown  man  about  25  years  old  was  struck  by  car  No.  90  on  Third  Avenue  between  121st  and 
122nd  Streets.  This  proves  to  be  a  death  case.  The  report  to  this  office  as  defined  by  Order  No.  i,  was 
5  hours  and  20  minutes,  being  the  time  from  8  A.  M.,  when  the  office  opens  for  business,  to  i  :20  P.  M. 

This  office  has  hot  been  advised  of  any  reasons  to  prevent  compliance  with  the  order  regarding  the 
reporting  of  accidents  by  the  Third  Avenue  Railroad  Company  and  the  42nd  Street,  Manhattanville  and 
St.  Nicholas  Avenue  Railway  Company,  and  has  no  reason  for  believing  that  the  provisions  of  that  order 
are  misunderstood.  Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
GFD/RW  '  •       Secretary. 

Frederick  W.  Whitridge,   Esq.,  June  23rd,    1908. 

Receiver, 

Third   Avenue  Railroad   Company. 
Dear  Sir: 

We  beg  to  report  in  reference  to  the  communication  received  from  the  Public  Service  Commission  on 
June  20,  1908,  complaining  of  delays  in  reporting  accidents  on  the  part  of  the  Third  Avenue  Railroad  Co., 
and  the  42nd  St.,  Manhattanville  and  St.  Nicholas  Avenue  Railway  Co.,  as  follows : 

84 


From  reading  the  communication  it  appears  that  complaint  is  made  only  in  five  cases,  covering  a  period 
of  over  two  weeks.  During  this  time  at  least  lOO  accidents  have  been  reported  to  the  Public  Service  Com- 
mission. Ofttimes  the  Claim  Department  is  not  notified  by  the  Inspectors  of  the  various  divisions  until 
some  considerable  length  of  time  after  an  accident  happens,  and  this  in  a  measure  causes  some  delay  in  re- 
porting to  the  Public  Service  Commission.  However,  in  the  more  serious  cases  the  Claim  Department  has 
delayed  sending  a  report  to  the  Public  Service  Commission  until  our  Adjuster  and  Inspector  is  given  the 
case,  and  has  had  an  opportunity  to  see  the  claimant  and  the  blotter  witnesses.  This  has  been  done  to  pro- 
tect the  interests  of  the  various  Companies  of  which  you  are  Receiver. 

As  heretofore  on  several  occasions  when  we  notified  the  Public  Service  Commission  immediately  upon 
the  happening  of  the  accident  some  representative  from  the  Public  Service  Commission  has  gone  to  see  the 
claimant  and  the  blotter  witnesses,  inquiring  about  the  accident  and  when  our  Adjuster  or  Inspector  called 
later  to  see  them,  the  claimants  or  witnesses  could  not  understand  why  they  were  being  seen  a  second  time, 
and  in  this  way  it  impeded  us  in  getting  adverse  statements  of  claims,  or  getting  signed  statements  of  blot- 
ter witnesses. 

However,  in  the  future  if  it  is  your  desire  we  will  report  the  accident  to  the  Public  Service  Commis- 
sion immediately  upon  receiving  notice  of  an  accident  at  the  Claim  Department. 

Respectfully, 

Assistant  Attorney. 

New  York,  June  22nd,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  yours  of  Saturday  calling  my  attention  to  certain  apparent  violations  of  Order  No. 
I,  which  I  am  having  looked  into  at  once  and  will  write  you  about  further.  Possibly  it  would 
save  some  inconvenience  if  you  would  be  good  enough  to  send  me  copies  of  whatever  Orders 
the  Commission  may  have  made  which  aflfect  the  Third  Avenue  Railroad  or  any  other  lines 
under  my  jurisdiction,  prior  to  the  12th  of  January,  when  I  took  charge. 

I  ask  this  because  I  never  heard  of  Order  No.  i  until  this  morning  ,and  among  the 
records  turned  over  to  me  by  the  New  York  City  Receivers,  there  were  no  communications 
from  your  office  at  all.     If  you  will  send  me  these  copies  I  shall  be  very  much  obliged  to  you. 

Yours  truly. 

Receiver. 

Order  No.  i. 

New  York,  June  30th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary  Public  Service  Commission, 
154  Nassau  Street,  New  York  City, 

Dear  Sir: 

Referring  further  to  your  letter  of  the  20th  instant  in  respect  to  apparent  violations  of 
Order  No.  i,  I  have  to  say  that  it  appears  therefrom  that  only  five  cases  occurred  in  a  period 
of  two  weeks,  of  which  complaint  was  made.     During  that  time  over  one  hundred  cases  were 

85 


reported  by  us  to  the  Public  Service  Commission.  It  frequently  happens  that  the  Claim  De- 
partment is  not  notified  by  the  inspectors  of  the  several  divisions  until  some  time  after  the  acci- 
dent occurs  in  consequence  of  the  confusion  or  failure  to  identify  the  injured,  and  some  further 
delay  in  reporting  to  the  Public  Service  Commission  is  thus  caused. 

I  have,  however,  given  instructions  to  have  greater  attention  given  to  this  matter,  and  I 
can  only  apologize  for  the  apparent  derelictions  of  my  employees  on  the  ground  of  the  great 
increase  in  the  number  of  accidents  with  which  they  have  to  deal,  partly  in  consequence  of  the 
use  of  open  cars  with  which  a  larger  percentage  of  accidents  seems  to  be  inevitable. 

Yours  truly. 

Receiver. 


New  York,  June  23,  1908. 
Frederick  W.   Whitridge,    Esq., 

Receiver  42nd  St.,  M.  &  S.  N.  Ave.  R.  R.  Co., 
65th  St.  and  Third  Ave.,  New  York  City. 

Dear  Sir: 

I  transmit  herewith  a  certified  copy  of  Order  No.  589  adopted  by  the  Commission  at  its  meeting  today. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 

Secretary, 
EMR/DMQ 
Enc. 
0-589 


Tribune  Building,   154  Nassau   Street, 
Borough  of  Manhattan,  City  of  New  York. 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter 

of  the 

Hearing  on  Motion  of  the  Commission  on  the  question  of  improvements  in  \  O''^^''  N°-  589- 

and  additions  to  the  service  of  the  FORTY-SECOND  STREET,  MANHAT- 

TANVILLE  AND  ST.  NICHOLAS  AVENUE  RAILROAD  COMPANY. 

"Service  South  of  117th  Street."    Discontinuance. 

This  matter  coming  on  upon  the  report  of  the  hearing  had  herein  on  the  23rd  day  of  December,  1907, 
and,  by  adjournment,  on  the  28th  day  of  December  and  the  30th  day  of  December,  1907,  and  it  appearing 
that  the  said  hearing  was  held  pursuant  to  an  order  of  this  Commission,  No.  149,  adopted  December  11, 
1907,  on  motion  of  the  Commission,  and  that  service  of  the  said  order  was  duly  made  upon  the  Forty-second 
Street,  Manhattanville  and  St.  Nicholas  Avenue  Railroad  Company,  and  that  said  hearing  was  held  by  and 
before  the  Commission  on  the  matters  contained  in  the  Hearing  Order  above  mentioned  on  the  23rd  day 
of  December,  28th  day  of  December,  and  30th  day  of  December,  1907,  before  Mr.  Commissioner  Maltbie 
presiding,  Arthur  DuBois,  Assistant  Counsel,  appearing  for  the  Commission,  Daniel  W,  Patterson  for  the 
Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railroad  Company,  and  testimony  having  been 
taken  at  said  hearing,  and  it  having  been  made  to  appear  after  proceedings  upon  said  hearing  that  the  routes 

86 


of  operation  of  cars  by  the  said  Forty-second   Street,    Manhattanville   and    St.    Nicholas   Avenue    Railroad 
Cornpany  south  of  117th  Street  have  been  changed  since  the  institution  of  the  proceedings  herein, 

NOW,  on  motion  made  and  duly  seconded,  it  is 

RESOLVED :  that  proceedings  herein  be,  and  the  same  hereby  are,  discontinued.    It  is  further 

RESOLVED:  that  this  order  shall  be  without  prejudice  to  an  order  for  further  or  additional  hearings 
and  action  thereon  by  this  Commission  in  respect  to  any  of  the  matters  contained  in  the  Hearing  Order, 
No.   149,  herein  or  the  proceedings  thereon. 


New  York,  June  24,  1908. 


Order  No.  589. 

Travis  H.  Whitney,  Esq., 

Secretary  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  received  copy  of  the  589th  Order  of  your   Commission   discontinuing  certain   pro- 
ceedings taken  under  the  149th  Order.    I  have  not  seen  the  latter  and  I  know  nothing  whatever 

about  the  matter  referred  to  in  the  Order. 

Yours  truly, 

Receiver. 


Frederick  W.  Whitridge,  Esq.,  New  York,  June  25,  1908. 

Receiver  Third   Ave.   R.   R.   Co., 

65th  St.  and  Third  Avenue,  N.  Y.  City. 

Dear  Sir : 

,,    I  beg  to  enclose  herewith  a  copy  of  Order  No.  149,  proceedings  on  which  were  discontinued  by  Order 
of  the  Commission  No.   589.  a  copy  of  which  has  already  been  transmitted  to  you. 

This  will,   I   hope,   supply  the  information  the  absence  of  which   you   call   attention   to  in  your   com- 
munication of  the  24th  inst. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
EMR/DMQ  Secretary. 

Enc. 
O-149,  589 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


In  the  Matter 
of  the 

Hearing  on  the  Motion  of  the  Commission  on  the  question  of  improvements" 
in  and  additions  to  the  service  and  equipment  of  the  FORTY-SECONDJ 
STREET,  MANHATTANVILLE  AND  ST.  NICHOLAS  AVENUE  RAIL- 
WAY COMPANY,  in  the  particulars  hereinbelow  mentioned. 


Order  for  Hearing 
By  Commissioner 
Maltbie.     Order 
No.  149. 


IT  IS  HEREBY  ORDERED:  That  a  hearing  be  had  on  the  23d  day  of  December,  1907,  at  3:00  o'clock 
in  the  afternoon,  or  at  any  time  or  times  to  which  the  same  may  be  adjourned,  at  the  rooms  of  the  Com- 
mission at  Number  154  Nassau  Street,  Borough  of  Manhattan,  City  of  New  York,  State  of  New  York,  to 

87 


inquire  whether  the  regulations,  equipment,  appliances  and  service  of  the  42nd  Street,  Manhattanville  and 
St.  Nicholas  Avenue  Railway  Company  in  respect  to  transportation  of  persons  in  the  First  District  are  un- 
just, unreasonable,  improper  or  inadequate,  and  whether  said  company  does  not  run  trains  enough  or  cars 
enough,  or  with  sufficient  frequency,  or  possess  or  operate  motive  power  enough,  reasonably  to  accommo- 
date passenger  traffic  transported  by  it  or  offered  for  transportation  to  it,  and  if  such  be  found  to  be  the 
fact  then  to  determine  whether  it  is  reasonably  necessary  to  accommodate  and  transport  the  said  traffic 
transported  or  offered  for  transportation,  and  is  and  will  be  just,  reasonable,  proper  and  adequate  to  di- 
rect that  the  service  of  said  42nd  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway  Company  be 
increased  and  supplemented  at  the  points  and  times  and  in  the  particulars  following,  that  is  to  say: 
FIRST:  By  running  cars  south  from  117th  Street,  daily  except  on  Sundays,  as  follows: 
(i)  Between  7:00  A.  M.  and  12  noon,  one  hundred  and  seventy-five   (175)   cars. 

(2)  Between  12  noon  and  5  :oo  P.  M.,  two  hundred  and  forty   (240)  cars. 

(3)  Between  5  :oo  P.  M.  and  midnight,  two  hundred  and  twenty  (220)  cars. 

SECOND:      By    running    cars    south    from    117th  Street  on  Sundays  as  follows: 
(i)  Between  9:00  A.  M.  and  1:30  P.  M.,  one  hundred  and  forty-five  (145)  cars. 

(2)  Between  1:30  P.  M.  and  8:30  P.  M.,  two  hundred  and  eighty-five    (285)   cars. 

(3)  Between  8:30  and  midnight,  eighty-five   (85)  cars. 

THIRD:  All  of  the  above  cars  should  be  run  at  least  as  far  south  as  Houston  Street,  on  both  week 
days  and  Sundays. 

FOURTH:  Twenty-five  (25)  per  cent,  of  the  number  of  cars  should  be  run  as  far  south  as  Murray 
Street. 

FIFTH :     The  cars  of  this  line  should  not  be  run  dark  except  when  out  of  order. 

SIXTH:  On  week  days  between  8:00  A.  M.  and  9:00  A.  M.  no  cars  should  be  switched  back  at  117th 
Street  and  Broadway. 

And  if  any  such  changes,  improvements  or  additions  be  found  to  be  such  as  ought  to  be  made  as 
aforesaid,  then  to  determine  what  period  will  be  a  reasonable  time  within  which  the  same  should  be  di- 
rected to  be  executed. 

All  to  the  end  that  the  Commission  may  make  such  order  or  orders  in  the  premises  as  shall  be  just 
and  reasonable. 

FURTHER  ORDERED:  That  the  said  42nd  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway 
Company  be  given  at  least  10  days'  notice  of  such  hearing  by  service  upon  it,  either  personally  or  by  mail, 
of  a  certified  copy  of  this  order,  and  that  at  such  hearing  said  company  be  afforded  all  reasonable  opportunity 
for  presenting  evidence  and  examining  and  cross-examining  witnesses  as  to  the  matters  aforesaid. 

Dated,  New  York,  December  11,  1907. 


Commissioner. 
BY   THE  COMMISSION: 

ORDERED,  this  nth  day  of  December,  1907,  that  the  foregoing  order  be  and  the  same  hereby  is 
approved  and  confirmed  by  the  Public  Service  Commission  for  the  First  District,  and  ordered  filed  in  its 
office. 


Travis  H.  Whitney,  Esq.,  New  York,  June  26th,  1908. 

Secretary  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir: 

I  have  yours  of  the  25th  sending  me  copy  of  Order  No.  149  for  which  I  am  much  obliged 
to  you.  I  do  not  find  that  you  have  yet  replied  to  my  letter  of  the  22nd,  asking  you  for  copies 
of  all  the  orders  which  the  Commission  had  made  affecting  the  Third  Avenue  or  any  of  the 
roads  under  my  jurisdiction,  prior  to  the  date  of  my  appointment,  January  12th,  and  particularly 
for  Order  No.  i,  to  which  you  refer  in  your  letter  to  me  of  the  20th  instant. 

Yours  trulv. 

Receiver. 
88 


New  York,  June  26,  1908. 
D.  C.  Morehead,  Esq., 

Asst.  Secy.  Forty-second  St.,  Manhattanville  &  St.  Nich.  Ave.  Ry.  Co., 
177   Manhattan    St.,   New   York   City. 

Dear  Sir: 

I  transmit  herewith  a  certified  copy  of  Order  No.   603   adopted   by  the   Commission   at  its   meeting 
today. 

In  connection  with  your  acknowledgment  of  receipt  hereof  I  beg  to  call  your  attention  to  Section 
23  of  the  Public  Service  Commissions  Law. 

Yours  very  truly, 
EMR/DMQ  TRAVIS  H.  WHITNEY, 

Enc.  R. 

0-605  Secretary. 

Respectfully  referred  to  Mr.  F.  W.  Whitridge,  Receiver. 

D.  C.  MOREHEAD. 
July  2nd,  1908. 


Tribune   Building,   154  Nassau   Street, 
Borough  of  Manhattan,  City  of  New  York. 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter  | 

of  .      / 

Information  to  be   furnished   by   every  STREET   RAILROAD    CORPORA- \  Order  No.  603. 
TION  under  the  jurisdiction  of  the  Public  Service  Commission  for  the  First  | 
District  as  to  number  of  cash  fares  and  number  of  transfers  collected,  etc., 
for  the  twelve  months  ending  June  30,  1908. 

It  is  hereby 

ORDERED:  that  every  Street  Railroad  Corporation  under  the  jurisdiction  of  this  Commission 
shall,  on  or  before  July  15th,  1908,  file  a  return  with  the  Commission  showing  for  the  twelve  months 
ended  June  30,  1908,  as  to  each  route,  (i)  the  number  of  cash  passenger  fares  and  (2)  number  of  trans- 
fers collected  in  that  period;  (3)  the  number  of  passengers  transported  in  chartered  cars  and  (4)  the 
number  of  employees  and  other  persons  carried  free;  also  (s)  the  total  number  of  miles  run  by  regular 
passenger  cars  and  (6)  by  special  or  chartered  cars. 


F.  W.  Whitridge,  Esq.,  New  York,  July  17,  1908. 

Receiver  of  Third  Avenue  Railroad  Company, 
6sth  Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir: 

I  beg  to  direct  your  attention  to  Order  No.  663,  requiring  the  filing  with  this  Commission  on  or  be- 
fore July  15  of  a  return  as  to  passenger  traffic  in  the  year  ended  June  30,  1908,  and  to  request  your 
compliance  with  the  Order  without  further  delay.  This  notice  covers  all  affiliated  or  subsidiary  com- 
panies. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 

Secretary. 
AFW/ARB 

89 


New  York,  July  20,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  17th.  I  fully  thought  that  I  had  sent  you  all  the  statistics  we  have  in 
answer  to  Order  No.  603,  concerning  which  I  asked  for  an  adjournment  for  the  Union  Railway. 
I  find  I  must  have  been  mistaken. 

I  cannot  comply  with  the  order  in  full,  because  we. have  not  the  figures  here.  We  shall 
send  you  everything  we  have  this  week. 

Yours  truly, 

Receiver. 


Order  603. 

New  York,  July  22,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

Enclosed  herewith  please  find  statements  called  for  by  Order  603,  and  referred  to  in  my 
letter  to  you  of  July  20th.  I  am  not  able  to  give  you  any  figures  prior  to  the  date  of  rny  Re- 
ceivership, and  no  record  of  transfers  has  ever  been  kept  here  except  a  special  record  I  made 
for  the  month  of  February,  the  results  of  which  are  contained  in  my  petition  to  the  Court  in 
respect  to  the  abolition  of  transfers.  I  am  sorry  that  the  information  thus  conveyed  to  you  is 
defective,  but  I  give  you  all  the  information  I  have. 

Yours  truly, 

Receiver. 
Enclosures : 


New  York,  August  10,  1908. 
F.  W.  Whitridge,  Esq., 

Receiver   Forty-second    St.,    Manhattanville   and    St.  Nicholas  Avenue  Railway  Company, 
6sth  St.  and  Third  Ave.,  N.  Y.  City. 

Dear  Sir: 

Your  attention  is  directed  to  the  fact  that  you  have  not  complied  with  the  Commission's  Order  No. 
603  (requiring  the  filing  of  a  return  of  passenger  traffic  and  mileage  for  the  year  ended  June  30,  1908), 
with  respect  to  the  period  July  i,  1907,  to  February  2,  1908.  As  the  time  for  making  this  return  ex- 
pired July  15,  it  is  essential  that  the  information  be  filed  without  further  delay. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 

Secretary. 
AFW/ARB 

90 


Order  No.  603. 

New  York,  August  12,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

In  reply  to  your  favor  of  August  loth  in  the  matter  of  Order  No.  603,  our  auditor  tells 
me  that  he  will  have  some  difficulty  in  preparing  the  information  requested,  but  I  have  told  him 
to  make  out  as  accurate  a  statement  as  possible  and  as  soon  as  possible.  There  may  be  some 
delay,  however,  in  getting  this  information  together. 

Yours  truly, 

RWK/F  Assistant  to  Receiver. 


New  York,  June  27,  1908. 
Frederick  W.  Whitridge,  Esq., 

Receiver  Third  Ave.    Railroad   Company, 
65th   Street  and  Third  Ave.,   N.   Y.   City. 

Dear  Sir: 

I  transmit  herewith  a  certified  copy  of  Order  No.  611  adopted  by  the  Commission  at  its  hearing  on 
June  26th. 

In    connection    with    your    acknowledgment    of    receipt    hereof    I    beg    to    call    your    attention    to    Sec- 
tion 23  of  the  Public  Service  Commission  Law. 

Yours  very  truly, 

TRAVIS    H.    WHITNEY, 
EMR/DMQ  R. 

Enc.  Secretary. 

0-61 1 


Order  No.  611. 

Tribune  Building,  154  Nassau  Street, 
Borough   of  Manhattan,  City  of  New  York. 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter 
of 
Information  to   be   furnished   by   the   Receivers   of   the   NEW   YORK   CITY 
RAILWAY    COMPANY    and    the    THIRD    AVENUE    RAILROAD    COM- /  Order  No.  611. 
PANY  with  respect  to  the  Number  and  Type  of  Cars  Owned  or  Operated  by| 
said  Companies  as  of  July  i,  1907,  together  with  the  Number  of  Cars  under 
Order  at  that  time  or  delivered  since  that  time,  etc. 


RESOLVED,  that  the  Receivers  of  the  New  York  City  Railway  Company  and  the  Third  Avenue 
Railroad  Company  be  requested  to  furnish  the  Commission,  on  or  before  the  9th  day  of  July,  1908,  with 

91 


a  list  showing  the  number  and  type  of  cars  owned  or  operated  by  the  companies-,  which  they  now  repre- 
sent, as  of  July  I,  1907,  and  the  number  of  cars  destroyed  or  discarded  from  July  i,  1907,  to  the  present 
date;  also  showing  what  cars  were  under  order  July  i,  1907,  or  delivered  since  that  time,  and  what 
orders  for  cars  remain  unfilled  at  the  present  time. 


New  York,  June  29th,  1908. 
Travis  H.  Whitney,  Esq., 

•Secretary  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  the  6iith  Order  of  the  Commission  this  morning,  for  which  I  am  much  obHged  to 
you,  and  in  reply  thereto  I  have  to  say,  as  Receiver  of  the  Third  Avenue  Railroad  Company 
I  received  on  the  12th  of  January  544  cars,  of  which  182  were  open  cars,  215  double  truck  cars 
and  the  remainder  single  truck  closed  cars. 

As  Receiver  of  the  42nd  Street,  Manhattan ville  and  St.  Nicholas  Avenue  Railway,  I  received 
8  single  truck  horse  cars. 

As  Receiver  of  the  Dry  Dock,  East  Broadway  and  Battery  Railroad,  I  received  34  closed 
and  open  horse  cars.  The  electric  cars  of  each  of  these  roads  are  owned  by  the  Third  Avenue 
Road. 

As  Receiver  of  the  Union  Railway,  I  received  407  cars,  of  which  153  are  open,  107  double 
truck  cars,  and  the  remainder  single  truck  closed  cars. 

So  far  as  I  know,  no  cars  were  under  order  on  the  ist  of  July,  1907.  Since  I  took  posses- 
sion, I  have  received  40  new  double  truck  closed  cars  and  10  new  open  cars,  and  there  are  under 
order  at  the  present  time  and  not  delivered,  35  double  truck  closed  cars  and  40  open  cars. 
It  is  my  intention  at  a  later  date  to  order  an  additional  number  of  new  cars,  and  at  that  time  to 
destroy  or  scrap  a  considerable  number  of  small  cars  in  use  on  the  Union  Railway,  but  up  to 
the  present  time,  I  have  not  felt  at  liberty  to  discard  anything  which  we  have. 

Yours  truly. 

Receiver. 


Order  No.  618. 

New  York,  June  30,  1908. 
Frederick  W.  Whitridge,  Receiver, 

42nd  St.  Man.  &  St.  Nich.  Ave.   R.  R.  Co., 
177  Manhattan  Street,   New  York. 
Sir: 

The  Public  Service  Commission  for  the  First  District  at  its  session  on  June  29th,  adopted  as  Order 
No.  618,  thfe  following  resolution: 

"RESOLVED :  That  each  street  railroad  in  the  Boroughs  of  Manhattan  and  the  Bronx  be  required  to 
furnish  on  or  before  July  isth,   1908,  an  inventory  of  all  property  owned  by  it  as  of  June  30th,   1908." 

This  inventory  is  required  by  the  Commission  in  connection  with  the  valuation  of  the  property,  tangible 
and  intangible,  of  the  various  street  railroads  in  the  two  boroughs,  determined  upon  at  a  recent  meeting 
of   the    Commission. 

In  case  your  company  has  already  filed  with  this  Commission  lists  of  cars  or  other  equipment  or  prop- 
erty, you  may,  in  order  to  avoid  unnecessary  work,  refer  to  such  lists  as  already  on  file,  giving  a  sufficient 

92 


description  to  identify  them  completely  and  to  incorporate  them  in  your  inventory.     It  is,  of  course,  under- 
stood that  such  lists,  if  already  on  file  and  referred  to,  must  be  accurate  as  of  June  30th,   1908. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
THW/EH.  R. 

Secretary. 


New   York,   July   2,    1908. 
Travis  H.  Whitney,  Esq., 

Secretary  Public  Service  Commission, 
154  Nassau  Street,  New  York  City, 

My  dear  Sir: 

I  have  received  from  you  several  notices  addressed  to  me  as  Receiver  of  the  Dry  Dock,  and 
Third  Avenue  Roads,  giving  me  the  resolution  of  the  Board  adopted  as  Order  No.  618,  and 
it  occurs  to  me  that,  as  these  notices  were  sent  to  621  Broadway  and  not  to  me  directly,  it  is 
possible  that  they  were  sent  by  mistake.  I  understand  that  the  answer  of  the  New  York  Re- 
ceivers to  one  of  the  Orders  of  the  Commission  requires,  in  the  judgment  of  the  Commission, 
the  valuation  of  the  properties  leased  and  controlled  by  the  New  York  City  Receivers,  and  that 
an  Order  to  that  effect  has  been  made. 

I  am  not  aware  that  I,  as  Receiver  of  the  Third  Avenue  or  the  Dry  Dock  Roads,  have 
said  or  done  anything  which  makes  any  valuation  of  the  properties  under  my  control  necessary 
or  desirable.  Will  you  be  kind  enough  to  let  me  know  whether  by  any  chance  these  notices  were 
sent  by  some  of  your  mailing  clerks  by  mistake,  to  me,  on  the  theory  that  these  Roads  were 
still  a  part  of  the  Metropolitan  System. 

Yours  truly. 

Receiver. 


New    York,    July    3rd,    1908. 
Frederick   W.   Whitridge,   Esq., 

Receiver  42nd  St.,  M.  &  St.  N.  Ave.  R.  R.  Co., 
6sth   Street  and  Third  Avenue,  K   Y.   City. 
Sir: 

The  Public  Service  Commission  for  the  First  District  at  its  session  on  June  29th,  adopted  as  Order  No. 
618,  the  following  resolution : 

"RESOLVED:  That  each  street  railroad  in  the  Boroughs  of  Manhattan  and  the  Bronx  be  required 
to   furnish  on   or  before   July    15th,    1908,   an   inventory  of  all  property  owned  by  it  as  of  June  30th,   1908." 

This  inventory  is  required  by  the  Commission  in  connection  with  the  valuation  of  the  property,  tangible 
and  intangible,  of  the  various  street  railroads  in  the  two  boroughs,  determined  upon  at  a  recent  meeting 
of  the  Commission. 

In  case  your  company  has  already  filed  with  this  Commissioii  lists  of  cars  or  other  equipment  or 
property,  you  may,  in  order  to  avoid  unnecessary  work,  refer  to  such  lists  as  already  on  file,  giving  a  suffi- 
cient description  to  identify  them  completely  and  to  incorporate  them  in  your  inventory.  It  is,  of  course, 
understood   that    such    lists,   if   already  on   file   and    referred  to,  must  be   accurate  as   of  June   30th,    1908. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 

Secretary. 
THW/EH. 

93 


Order  No.  6i8. 

New  York,  July  6th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary  Public  Service  Commission, 
154  Nassau  Street,  New  York. 

Dear  Sir: 

I  have  yours  of  the  3d  instant,  for  which  I  am  much  obliged  to  you,  informing  me  that 
it  is  the  purpose  of  the  Public  Service  Commission  to  make  a  valuation  of  the  tangible  and 
intangible  property  of  the  Third  Avenue  Railroad  System.  I  am  rather  puzzled  by  this  letter. 
The  resolution  adopted  as  Order  618  differs  in  form  from  any  heretofore  made  by  the  Com- 
mission, and  was  made  apparently  without  notice,  without  being  founded  upon  any  complaint, 
and,  so  far  as  the  Third  Avenue  is  concerned,  is  apropos  of  nothing. 

Will  you  be  good  enough  to  tell  me  the  occasion  of  the  proposed  valuation,  the  purpose  of 
it,  and  how  it  is  to  be  made?  I  have  seen  a  good  deal  in  the  newspapers  within  a  year  or  two 
about  the  valuation  of  railway  properties,  and  I  suppose  there  may  be  as  many  different  kinds 
of  valuation  as  there  are  philosophers  who  desire  to  undertake  it;  but  I  think  any  custodian  of 
a  property  which  it  is  proposed  to  value  by  any  governmental  agency,  ought  to  know  the  object 
and  manner  of  such  valuation. 

Is  the  valuation  contemplated  by  Order  No.  618  for  the  purposes  of  taxation,  for  the 
purpose  of  purchasing  the  property,  for  the  purpose  of  sale,  for  the  purpose  of  ascertaining  the 
cost  of  the  property,  for  the  purpose  of  ascertaining  the  present  cost  of  its  duplication,  or 
what  is  it  for?  Have  the  Commission  considered  the  effect  of  their  valuation  on  the  prices  of 
the  stocks  and  bonds  which  evidence  the  ownership  of  this  property,  the  market  prices  of  which 
represent  the  valuation  by  the  public  and  by  its  owners,  of  its  tangible  and  intangible  property, 
and  should  it  not  do  so? 

I  understand  that  there  are  a  few  half-baked  politicians,  with  at  least  half  a  right,  there- 
fore, to  call  themselves  political  economists,  who  have  a  notion  which  they  air  at  summer 
schools,  that  the  Government  ought  to  put  a  price  tag  on  railway  properties,  either  for  the 
purpose  of  calculating  the  amount  of  money  which  the  railways  may  pay  away  in  interest  and 
dividends,  thus  incidentally  fixing  the  capitalization  of  the  property,  or  for  the  purpose  of  fixing 
the  rates  which  the  railway  may  charge  for  transportation,  without  reference  to  the  interest  to 
be  allowed  to  the  owners  of  that  property  on  their  investment.  This  notion  appears  to  me  to  be 
a  particularly  poisonous  kind  of  nonsense,  which  has  no  parallel  in  my  experience,  except  the 
appeal  of  the  German  housewife  to  the  "Polizei"  against  the  price  of  meat.  It  is  contrary  to 
the  individualism  which  is  one  of  the  corner  stones  upon  which  the  prosperity  and  greatness 
of  this  country  is  founded,  and  opens  the  door  to  a  lot  of  academic  fads  as  yet  outside  the  law. 

These  personal  views  are  not  perhaps  relevant  to  the  main  object  of  my  inquiry ;  but  I  am 
so  totally  at  a  loss  to  understand  why  any  valuation  should  be  sought  of  the  Third  Avenue 
property,  tangible  or  intangible,  at  this  time,  when  the  Company  is  paying  no  interest  upon 
anything,  except  a  few  underlying  bonds,  is  striving  to  get  itself  out  of  the  chaos  in  which  the 
Metropolitan  left  it,  and  into  some  decent  order,  and  must  find  a  large  amount  of  new  capital 
before  it  can  be  reorganized,  that  I  venture  upon  their  expression,  in  the  hoi>e  that  the  Com- 

94 


mission  will  see  its  way  to  postpone,  at  least  for  the  short  time  I  am  here,  anything  so  vexa- 
tious and  inimical  to  the  interests  of  the  owners  of  this  property,  as  a  valuation  of  its  tangible 
and  intangible  property.  If  the  Commission  is  not  willing  to  make  such  a  postponement,  I 
should  be  much  obliged  if  they  would,  in  all  events,  tell  me  exactly  what  they  are  after. 

Yours  truly. 

Receiver. 


Frederick  W.  Whitridge,  Esq.,  New   York,   July   lo,    1908. 

Receiver  Union   Railway  Co.   of  New  York, 

65th  St.  and  Third  Avenue,  New  York  City. 
Dear  Sir: 

I  transmit  herewith  a  certified  copy  of  Order  No.  631,  adopted  by  the  Commission  at  its  meeting  today. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
EMR/LER.  .  Secretary. 

Tribune  Building,  154  Nassau  Street, 
Borough  of  Manhattan,   City  of   New   York. 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

WILLIAM  HENDERSON  and  One  Hundred  and  Fifty  Others, 

Complainants, 
against 

UNION  RAILWAY  COMPANY,  and  Frederick  W.  Whitridge,  Receiver,     \  ^otdel^No   631 

Defendants. 
"Inadequate  service  on  Fort  Schuyler  Road,  Westchester  Village  to  the  Eastern 
Boulevard  and  proposed  extension  of  line  on  Eastern  Boulevard." 

An  order.  No.  474,  having  been  made  herein  on  or  about  the  8th  day  of  May,  1908,  ordering  and 
directing  the  Union  Railway  Company  and  Frederick  W.  Whitridge,  its  Receiver,  to  extend  their  line 
from  the  easterly  terminus  of  said  line  on  Fort  Schuyler  Road  at  the  intersection  of  said  road  with  Eastern 
Boulevard  up  to  the  point  where  said  Town  Dock  Road  intersects  said  Eastern  Boulevard  and  as  far  as 
the  franchise  rights  of  the  said  company  extend  on  Eastern  Boulevard,  and  to  complete  said  extension 
and  begin  the  operation  of  cars  thereon  not  later  than  the  15th  day  of  June,  1908;  and  the  said  Union 
Railway  Company  and  Frederick  W.  Whitridge,  its  Receiver,  having  on  June  13th,  1908,  applied  in  writing 
for  an  extension  of  such  time  until  July  15th,  1908,  and  an  Extension  Order,  No.  560,  having  been  made 
thereon  on  or  about  the  i6th  day  of  June,  1908,  and  a  report  having  been  made  by  Harry  P.  Nichols, 
Engineer  in  Charge,  of  the  Division  of  Franchises,  to  Nelson  P.  Lewis,  Chief  Engineer  of  the  Board  of 
Estimate  and  Apportionment,  which  questioned  the  right  of  said  Union  Railway  Company,  and  its  Receiver, 
to  construct  said  extension,  and  the  matter  having  been  transmitted  to  the  Corporation  Counsel  for  his 
opinion  as  to  whether  the  Public  Service  Commission  of  the  First  District  had  authority  to  issue  the 
order  in  question,  and  several  other  questions  in  connection  with  the  franchise  rights  of  the  said  company 
in   respect  to  the   extension  of  the  Fort   Schuyler  Road  line, 

NOW,  on  motion  made  and  duly  seconded,  it  is 

ORDERED:  that  the  time  within  which  the  Union  Railway  Company  and  its  Receiver,  Frederick  W. 
Whitridge,  shall  complete  the  construction  of  the  extension  to  its  road  herein  mentioned  be,  and  the  same 
hereby   is,   extended   until   thirty   days  after  the   Corporation   Counsel  renders  an  opinion  in  the  matter. 

95 


Travis  H.  Whitney,  Esq.,  New  York,  July   13,   1908. 

Secretary    Public    Service    Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  loth  instant  enclosing  Order  No.  631,  extending  the  time  for  the 
Union  Railway  to  complete  the  construction  from  the  easterly  terminus  of  the  Union  Line  on 
Fort  Schuyler  Road  to  the  intersection  of  the  Eastern  Boulevard  and  the  Town  Dock  Road, 
in  accordance  with  Order  474,  until  thirty  days  after  the  Corporation  Counsel  renders  an  opinion 
in  the  matter,  also  stating  that  I  have  applied  in  writing  for  an  extension  of  this  order,  which, 
I  beg  you  to  notice,  is  not  the  fact. 

When  the  Corporation  Counsel  renders  his  opinion,  will  you  see  that  I  get  a  copy  of  it? 

Yours  truly. 

Receiver, 


Frederick  W.  Whitridge,  Esq.,  New   York,  July   14,   1908. 

Receiver  Third  Avenue  Railroad  Company, 

6sth   Street  and  Third  Avenue,  N.  Y.  City. 

Dear  3ir: 

I  have  your  communication  of  the  13th  inst.  acknowledging  receipt  of  a  copy  of  Order  No.  631,  which 
extends  the  time  for  the  Union  Railway  to  complete  the  construction  of  its  Ft.  Schuyler  Road  from  the 
easterly  terminus  to  the   intersection  of  the   Eastern  Boulevard  and  Town  Dock  Road. 

It  is  true,  as  you  state,  that  you  did  not  apply  in  writing  for  an  extension  of  time,  which  is  granted 
by  the  above  order,  and  if  you  will  note  carefully  the  recitals  in  said  extension  order,  you  will  see  that 
there  is  no  recital  to  that  effect. 

The  extension  of  time,  which  was  applied  for  as   is   set    forth   in   the   Order   631    was   the   extension 

requested  by  Mr.   Maher  under  date  of  June   13th  subscribing  himself  as  "General  Manager  under  Receiver." 

This  second  extension  granted  by  Order  631  is  granted   on   the   initiative   of   the   Commission   pending 

the   receipt   of  the   opinion   of  the   Corporation   Counsel  as  to  the  right  of  the   Commission   to  direct  the 

construction  of  the  Ft.  Schuyler  Road  as  called  for  by  the  original  Order  474. 

I  shall  see  to  it  that  you  get  a  copy  of  this  opinion  of  the  Corporation  Counsel  as  soon  as  it  is 
rendered. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
N. 
EMR/CWT  Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  July  15,   1908. 

Secretary  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir: 

I  have  yours  of  the  14th  in  which  you  observe: 

"It  is  true,  as  you  state,  that  you  did  not  apply  in  writing  for  an  extension  of  time,  which  is 
"granted  by  the  above  order,  and  if  you  will  note  carefully  the  recitals  in  said  extension  order, 
"you  will  see  that  there  is  no  recital  to  that  effect." 

Extension  Order  No.  631  reads  on  the  8th  and  9th  lines  of  the  first  page  thereof  "and  the 

06 


said  Union  Railway  and  Frederick  W.  Whitridge,  its  Receiver,  having  on  June  13th,  1908,  ap- 
plied in  writing  for  an  extension  of  such  time."  You  will  perceive  from  this  that  my  original 
statement  that  you  had  misstated  the  fact  in  Order  631,  is  correct,  and  the  paragraph  in  your 
letter  of  the  14th  which  I  have  above  quoted  is  in  error. 

Of  course  this  is  a  matter  of  no  consequence  at  all,  but  the  Public  Service  Commission  has 
chosen  for  some  reason  incomprehensible  to  me  and  to  everybody  who  has  anything  to  do  with 
them,  to  be  so  terribly  technical  in  their  conduct  of  business  that  I  feel  justified  in  troubling 

you  with  trivial  matters. 

Yours  truly, 

Receiver. 


F.  W.  Whitridge,  Esq.,  New    York,   July    16,    1908. 

Receiver  Third  Avenue  Railroad  Co., 
6sth  St.  and  Third  Avenue,  New  York  City. 
Dear  Sir: 

In  the  matter  of  the  recitals  in  Order  of  the  Commission  No.  631,  which  form  the  subject  matter  of 
your  further  communication  of  the  15th  inst.,  I  beg  to  refer  you  again  to  my  communication  to  you  under 
date  of  July   14th. 

The  difference  of  opinion  in  this  matter  appears  to  have  arisen  from  the  fact  that  you  have  confused  the 
Extension  Order  No.  631,  above  referred  to,  with  a  former  Extension  Order,  No.  580,  granted  in  the  same 
proceeding  on  June  i6th. 

The  extension  of  time  to  July  15th  which  was  granted  by  this  first  Extension  Order,  No.  580,  was 
requested  by  Mr.  Maher,  signing  himself  as  "General  Manager  under  Receiver"  in  a  communication  to  the 
Commission  under  date  of  June  13th,  as  recited  in  Order  No.  631.  But  as  previously  indicated  to  you.  there 
was  no  application  made  by  Mr.  Maher  or  by  you  for  the  extension  of  time  which  is  granted  by  Order 
No.   631,   and  there  is  in   fact  no  recital  to  this  effect  in  said  Order  No.  631. 

The  extension  of  time  asked  for  under  date  of  June  13th,  and  the  granting  of  that  extension  by  the 
terms  of  Order  No.  580,  are  entirely  distinct  from  the  extension  time  granted  upon  the  initiative  of  the 
Commission  by  the  terms  of  Order  No.  631,  which  is  the  order  in  question. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 

Secretary. 


Frederick  W.  Whitridge,  Esq.,  New    York,    August   4,    1908. 

Receiver  tJnion   Railway  Co., 

65th  St.  and  Third  Ave.,  New  York,  N.  Y. 
Dear  Sir: 

By  direction  of  the  Commission,  I  am  sending  to  you  under  separate  cover  two  copies  of  the  annual 
report  forms  for  the  year  ended  June  30,  1908,  and  a  certified  copy  of  Order  No.  613  relating  thereto. 
You  are  requested  to  make  prompt  acknowledgment  of  the  receipt  of  both  the  Order  and  the  two  copies 
of  the  report  form. 

One  copy  of  the  report  should  be  retained  in  your  office  files  for  purposes  of  reference  in  case  corre- 
spondence becomes  necessary  respecting  any  part  of  the  report.  The  other  copy  is  to  be  filled  in,  verified 
and  returned  to  this  Commission  as  soon  as  practicable  and  in  any  event  not  later  than  September  30th. 
The  work  of  the  Commission  last  year,  particularly  as  respects  the  preparation  of  its  report  to  the  Legis- 
lature, was  considerably  delayed  in  consequence  of  extensions  of  time  for  the  filing  of  the  report  and  such 
requests  should  not  be  made  this  year,  as  ample  time  is  allowed  for  the  preparation  of  the  report  before 
September  30th.  A  very  considerable  portion  of  the  report,  including  the  inquiries  on  the  subject  of  Inter- 
corporate  Relationships   can  be  taken   up   and   completed  immediately. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 

Secretary. 
97 


At  a  session  of  the  Public  Service  Commission  for  the  First  District,  held  at 
its  office,  No.  154  Nassau  Street,  in  the  Borough  of  Manhattan,  City  and 
State  of  New  York,  on  the  26th  day  of  June,  1908. 

Present : 

William  R.  Willcox,    ^ 

Chairman;  (.Commissioners. 

Edward   M.   Bassett,     C 
John  E.  Eustis,  J 

Order  No.  613. 

The  Public  Service  Commission  for  the  First  District  being  authorized  and  required  by  Section  46 
of  the  Public  Service  Commissions  Law  to  prescribe  the  form  of  the  annual  report  required  under  said 
Act  to  be  made  by  street  railroad  corporations  and  railroad  corporations  subject  to  its  jurisdiction,  it  is 
hereby 

ORDERED:  That  the  form  for  annual  reports  of  all  street  railroad  corporations  subject  to  the  juris- 
diction of  the  Commission  as  that  term  is  defined  in  Section  2  of  the  Public  Service  Commissions  Law, 
owning,  controlling  or  operating  any  street  railroad,  and  that  the  form  for  annual  reports  of  all  railroad 
corporations,  as  that  term  is  defined  in  Section  2  of  the  Public  Service  Commissions  Law,  owning,  con- 
trolling or  operating  any  railroad  using  electricity  as  a  motive  power,  for  the  year  ending  June  30,  1908, 
as  the  said  form  has  been  prepared  by  the  Chief  Statistician  of  the  Commission  based  upon  the  classification 
of  accounts  in  force  June  30,  1907,  be  and  the  same  is  hereby  approved  and  prescribed  by  the  Public 
Service  Commission  for  the  First  District  as  the  form  of  annual  report  for  the  year  ending  June  30,  1908, 
required  to  be  made  and  filed  with  said  Commission  by  every  such  street  railroad  corporation  and  every 
such   railroad  corporation. 

And  it  is  further 

ORDERED:  That"  the  Secretary  of  this  Commission  serve  upon  each  of  the  said  street  railroad  cor- 
porations and  railroad  corporations,  in  the  manner  prescribed  by  law,  a  certified  copy  of  this  order  and 
two  copies  of  the  form  hereby  prescribed. 

New  York,  August  6,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary   Public   Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  your  three  favors  of  the  4th  instant  enclosing  copies  of  Order  No.  613  and  copies 
of  annual  reports  as  mentioned  by  you.  We  will  endeavor  to  comply  with  the  terms  of  the 
order. 

Yours  truly, 

Assistant  to  Receiver. 
RW/KF 

New  York,  August  6,   1908. 
Wesley   Farrington,  Esq., 

Auditor. 
Dear  Sir: 

I  received  under  date  of  August  4th  from  the  Public  Service  Commission,  three  letters 
each  containing  Order  613  and  the  books  specified  in  said  letters  referring  to  the  Third  Avenue 
Road,  42nd  St.,  Manhattanville  &  St.  Nicholas  Ave.  Railway  and  the  Dry  Dock,  East  Broad- 
way &  Battery  Railroad. 

98 


I  enclose  you  herewith  the  letter  and  order  referring  to  the  Dry  Dock,  East  Broadway  & 
Battery  Railroad,  which  is  identical  in  terms  with  the  other  two,  and  the  books  for  the  annual 
report,  which  are  to  be  filled  in  before  September  30th.     Kindly  give  this  your  attention. 

Yours  truly, 


(Enclosures) 


Assistant   to   Receiver. 


New  York,  August  6,  1908. 


Order  No.  613. 
Travis  H.  Whitney,  Esq., 

Secretary   Public   Service   Commission, 
154  Nassau  Street,  City. 

Dear  Sir: 

I  do  not  find  that  I  have  received  the  copies  of  the  annual  reports  for  the  Union  Railroad. 
Perhaps  you  sent  them  direct  to  the  Union  Railroad  offices  at  204  East  128th  Street. 

Yours  truly, 


Assistant  to  Receiver, 


New    York,    August   8,    1908. 
F.  W.   Whitridge,   Esq., 

Receiver  Union  Railway  Company, 

65th   Street  and  Third  Avenue,  N.  Y.  City. 

Dear  Sir: 

I  am  in  receipt  of  your  letter  stating  that  you  have  not  received  the  two  copies  of  the  form  of  annual 
report  sent  you  with  order  No.  613.  Our  records  show  that  two  copies  of  the  blank  form  were  sent  to  you 
at  the  above  mentioned  address  on  August  4th.  If,  however,  you  have  not  received  them  by  the  time 
this  letter  reaches  you,  you  may  send  by  messenger  to  the  Bureau  of  Statistics  and  Accounts  (Room  1828) 
and   obtain   two   additional   copies   of   the   schedule,   upon   presentation   of  this  letter. 

Very    truly    yours, 
AFW/ARB  TRAVIS  H.  WHITNEY, 

Secretary. 


Order  No.  708. 


New  York,  September  3,  1908. 


Frederick  W.  Whitridge, 

Receiver  Union   Railway  Company, 

65th   St.   and   Third   Ave.,   New   York. 

Dear   Sir: 

In  accordance  with  the  provisions  of  Sections  28  and  29  of  the  Public  Service  Commissions  Law, 
this  Commission  has  adopted  Order  No.  708  prescribing  regulations  governing  the  form  and  the  filing  of 
tariff  schedules. 

I  enclose  herewith  certified  copy  of  the  said  order  and  copies  of  the  Tariff  Circular  No.  i  referred  to 
therein.  You  will  note  that  such  regulations  are  effective  on  and  after  September  isth,  but  that  there 
must  be  filed  on  or  before  September  15th  schedules  showing  rates,  etc.,  actually  in  effect  for  thirty  days 
prior  thereto.  Changes  from  such  schedules  showing  such  rates,  etc.,  must  be  filed  in  accordance  with  the 
regulations    contained    in    the    circular. 

90 


I  shall  be  glad  to  have  the  clerk  in  charge  of  tariffs  confer  with  any  representative  of  your  company 
in   order  that  the   regulations   may  be  thoroughly  understood. 
Please   send   formal    acknowledgment   hereof. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 

/«x^„r  ,-r^^  Secretary. 

THW/JET 

Enc. 


Order  708. 


Tribune   Building,   154  Nassau   Street, 
Borough  of  Manhattan,  City  of  New  York. 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


In  the  Matter 

of  the 

Filing  with  the  Public   Service   Commission  for  the  First  District  of  Tariff/    ^^'^^^  ^°-  7o8. 
Schedules  by  STREET  RAILROAD  CORPORATIONS  in  pursuance  of  Sec- 
tion 28  of  the  Public  Service  Commissions  Law. 


It  is  hereby 

ORDERED:  that  the  regulation  contained  in  Tariff  Circular  No.  i  be  adopted  by  this  Commission  pre- 
scribing, from  and  after  September  i,  1908,  the  form,  and  governing  the  constructing  and  filing  of  sched- 
ules of  fares  for  passenger  service  of  street  railroad  corporations  subject  to  the  jurisdiction  of  this  Com- 
mission. 

ORDERED:  that  such  street  railroad  corporations  file,  in  conformity  with  the  said  circular  and  on  or 
before  September  15,  1908,  schedules,  effective  upon  filing,  showing  fares,  transfers,  and  all  regulations  re- 
lating thereto  actually  in  effect  for  thirty  days  prior  to  the  said  September  15,  1908,  changes  therefrom  to 
be  filed  in  accordance  with  the  regulation  with  full  notice  unless  otherwise  ordered. 


New  York,  September  12,  1908. 
Frederick  W.  Whitridge, 

Receiver  42nd  St.,  M.  &  St.  N.  Ave.  R.  R.  Co., 
65th    Street   and   Third   Avenue,   N.    Y.   City. 

Dear  Sir: 

With  respect  to  Tariff  Circular  No.  i,  which  by  order  of  the  Commission  was  made  effective  Sep- 
tember 15th,  the  Commission  has  deemed  it  advisable  to  postpone  the  date  on  the  said  circular  and  order — 
so  that  the  effective  date  shall  be  October  ist.  I  enclose  herewith  certified  copy  of  the  extension  order. 

A  number  of  conferences  have  been  held  by  the  Tariff  Clerk  of  the  Commission  with  representatives  of 
certain  companies  to  go  over  the  preparation  of  the  tariffs   to  be  filed. 

Because  of  the  lack  of  familiarity  with  the  preparation  of  such  circulars,  I   suggest  that  you  have  the 

official  or  clerk  in  your  company  who  will  hereafter  have  charge  of  the  preparation  and  filing  of  the  tariffs, 

come  to  an  informal  conference  to  be  held  on  Thursday,  September  17th,  at  10:30  o'clock  A,  M.,  in  Room 

310,  to  go  over  the  circular  and  the  details  of  preparation. 

Very  truly   yours, 

TRAVIS  H.  WHITNEY, 

Secretary. 
THW/EH 

.  100 


Tribune   Building,    154   Nassau    Street, 
Borough  of  Manhattan,  City  of  New  York. 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter 

of  the 

Extension 
Filing  with  the   Public   Service   Commission  for  the  First  District  of  Tariff  (^  Order  No.  722. 
Schedules  by  STREET  RAILROAD  CORPORATIONS  in  pursuance  of  Sec- 
tion 28  of  the  Public  Service  Commissions  Law. 

An  order  of  the  Commission,  No.  708,  having  been  made  herein  on  or  about  the  28th  day  of  August, 
1908,  ordering  and  directing  that  all  Street  Railroad  Corporations  subject  to  the  jurisdiction  of  this  Commis- 
sion file,  in  conformity  with  Tariff  Circular  No.  i  adopted  by  this  Commission,  and  on  or  before  September 
15,  1908,  schedules,  effective  on  filing,  showing  fares,  transfers,  and  all  regulations  relating  thereto,  actually 
in  effect  for  thirty  days  prior  to  said  September  15,  1908;  and  application  in  writing  having  been  made  for 
an  extension  of  such  time  within  which  to  file  said  schedules, 

NOW,  on  motion  made  and  duly  seconded,  it  is 

ORDERED:  that  the  time  for  filing  the  schedules  above  mentioned  be,  and  the  same  hereby  is,  ex- 
tended to  and  including  the  ist  day  of  October,  1908. 

Orders  613  and  708. 
Travis  H.  Whitney,  Esq.,  New  York,  September  14,  1908. 

Secretary  Public   Service   Commission, 
154  Nassau  Street,  City. 
My  dear  Sir  : 

On  returning  to  the  city  this  morning  I  am  met  with  the  resignation  of  my  auditor,  who 
finds  the  demands  made  by  your  Commission  to  be  so  onerous  as  to  make  it  impossible  for 
him  to  discharge  his  duties.  As  he  is  an  invaluable  person  to  me  and  has  the  confidence  of  the 
security  holders  of  this  Company — or  perhaps  I  should  say — of  the  holders  of  what  is  left  of 
the  securities  of  this  Company,  I  have  concluded  to  establish  a  new  department  or  bureau  of 
the  Accounting  Department,  whose  sole  duty  will  be  to  reply  to  the  various  communications, 
make  up  the  various  reports,  and  do  the  various  other  things  the  Public  Service  Commission 
demand  of  us,  and  I  write  to  ask  whether  you  will  do  me  the  favor  to  suggest  some  man  who 
will  be  competent  to  undertake  that  work. 

I  am  bound  to  confess  that  the  form  of  report  which  I  find  on  my  desk  for  the  annual 
report  of  my  Company  seems  to  me  to  be  full  of  pitfalls,  and  that  somebody  who  knows  what 
your  Commission  has  got  in  its  mind  is  a  necessity  to  enable  us  to  make  it  out. 

I  also  have  another  requirement  from  you  under  Order  708  on  the  publication  of  tariffs, 
the  purpose  of  which  is  to  me  "a  book  with  seven  seals,"  and  if  you  can  make  any  suggestion 
to  me  as  to  a  person  whom  I  can  employ  to  organize  such  a  bureau,  I  shall  be  very  much 
obliged  to  you. 

Yours  truly, 

Receiver. 

lOI 


New  York,  September  22,  1908. 
Frederick  W.  Whitridge,  Esq., 

Receiver  Third  Avenue  Railroad  Company, 

65th   St.   and  Third  Ave.,  New  York   City. 

Dear  Sir: 

With  reference  to  your  communication  of  September  14th,  I  have  to  state  that  as  to  Order  No.  708 
requiring  the  filing  and  publication  of  tariffs,  I  shall  be  very  glad  to  have  the  Tariff  Clerk  of  the  Com- 
mission go  over  with  any  of  your  employees  the  matter  of  the  proper  form  and  contents  of  such  tariffs,  in 
order  that  they  may  be  filed  by  the  time  required  by   the   order,   October   ist 

As  to  the  first  portion  of  your  letter  I  am  really  unable  to  make  any  suggestion. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 

Secretary. 
THW/EH 


Order  708. 

New  York,  September  23,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  22nd,  and  am  much  obliged  to  you  for  your  suggestion  about  letting 

your  tariflF  clerk  go  over  the  matter  of  tariffs.     I  understood  you  in  our  conversation  to  say  that 

the  Commission  had  no  option  in  respect  to  this  matter  of  tariffs,  otherwise  it  would  have  seemed 

to  me  very  ridiculous  that  the  street  railways,  whose  fares  are  as  well  known   as  anything  on 

earth  can  be,  should  be  called  on  to  publish  a  tariff,     I  will  communicate  with  you  again  about 

this  in  a  few  days. 

Yours  truly. 

Receiver. 


Order  708. 

New  York,  September  30,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary  Public  Service  Commission, 
154  Nassau  Street,  City. 

Dear  Sir: 

Referring  to  your  Order  No.  708  and  Tariff  Circular  No.  i,  I  am  afraid  that  I  cannot  pos- 
sibly file  any  tariff  for  two  or  three  weeks. 

You  may  not  be  aware  that,  upon  the  application  of  Messrs.  Joline  and  Robinson,  transfers 
are  to  be  abolished  between  the  Dry  Dock  and  the  Metropolitan  roads  on  the  loth  of  October, 
and  I  have  in  contemplation  certain  changes  of  routes  upon  that  road,  consequent  upon  the 
abolition  of  such  transfers,  in  order  to  accommodate  the  public  so  far  as  may  be,  which  will 
take  a  few  days  to  determine. 

I  have  also  published  notices  in  respect  to  the  abolition  of  transfers  in  the  Bronx  on  the 


102 


7th  of  October,  in  accordance  with  Judge  Lacombe's  order,  and  the  citizens  and  Municipal  au- 
thorities up  there  are  in  continual  negotiation  with  me  in  respect  to  what  should  be  done  and 
should  not  be  done,  and  I  hope  you  will  agree  with  me  that  it  will  be  practically  impossible  for  me 
to  file  tariffs  now,  which  would  have  to  be  changed,  in  accordance  with  the  orders  of  the  Court 
within  ten  days,  when  I  am  required  by  your  order  to  give  thirty  days  notice  of  such  change. 
I  should  be  obliged,  therefore,  if  you  would  allow  the  matter  to  lay  over,  so  far  as  I  am  con- 
cerned, until  the  middle  of  the  month,  by  which  time  I  hope  to  be  straightened  out. 

Yours  truly, 

Receiver. 


New  York,  September  25,  1908. 
Frederick  W.  Whitridge,  Esq., 

Receiver  Third  Avenue  R.  R.  Co., 

Third  Ave.  and  65th  St.,  New  York  City. 

Dear  Sir : 

I  transmit  herewith  a  certified  copy  of  Order  No.  Tyj  adopted  by  the  Commission  at  its  meeting  today. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 

Secretary. 
EMR/DMQ 
Enc. 


Tribune  Building,  154  Nassau  Street, 
Borough  of  Manhattan,  City  of  New  York. 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


In  the  Matter 

of  the 

Hearing  on  the  motion  of  the  Commission  on  the  Question  of  whether  the 
Order  heretofore  made  by  the  Commission  on  February  14,  1908,  known  as 
Order  Number  260,  directing  the  THIRD  AVENUE  RAILROAD  COM- 
PANY, DRY  DOCK,  EAST  BROADWAY  &  BATTERY  RAILROAD  COM- 
PANY, and  the  FORTY-SECOND  STREET,  MANHATTANVILLE  &  ST. 
NICHOLAS  AVENUE  RAILROAD  COMPANY,  or  FREDERICK  W. 
WHITRIDGE,  their  Receiver,  to  turn  out  not  fewer  than  three  closed  cars 
daily,  not  including  Sundays  and  holidays,  overhauled  and  repaired  as  provided 
in  said  order,  and  also  to  have  all  of  their  open  cars  so  overhauled  and  repaired 
on  or  prior  to  the  ist  day  of  May,  1908,  should  be  modified  in  any  respect 
because  of  lack  of  materials  or  facilities. 


Extension 
Order  No.  7?,']. 


An  Order,  Number  365,  having  been  made  herein  on  or  about  the  24th  day  of  March.  1908,  order- 
ing and  directing  the  Third  Avenue  Railroad  Company,  the  Dry  Dock,  East  Broadway  &  Battery  Railroad 
Company,  and  the  Forty-second  Street,  Manhattanvill  e  &  St.  Nicholas  Avenue  Railroad  Company,  and  Fred- 
erick W.  Whitridge,  their  Receiver,  to  overhaul  and  repair,  on  or  before  September  20,  1908,  all  of  their 
closed  cars  not  so  overhauled  and  repaired  prior  to  the  date  of  the  adoption  of  said  Order  No.  365,  and  the 

103 


said  Frederick  W.  Whitridge,  Receiver  of  said  companies,  having  on  September  23,  1908,  applied  in  writing 
to  this  Commission  for  an  extension  of  such  time  within  which  to  complete  the  overhauling  and  repairs  of 
cars ; 

NOW,  on  motion  made  and  duly  seconded,  it  is 

ORDERED:  That  the  time  within  which  the  Third  Avenue  Railroad  Company,  Dry  Dock,  East  Broad- 
way &  Battery  Railroad  Company,  and  the  Forty-second  Street,  Manhattanville  &  St.  Nicholas  Avenue 
Railroad  Company,  and  Frederick  W.  Whitridge,  their  Receiver,  shall  comply  with  the  terms  of  Order  Num- 
ber 365  be,  and  the  same  hereby  is,  extended  to  and  including  the  20th  day  of  October,  1908. 

Frederick   W.   Whitridge,   Esq.,  New  York,  September  25,  1908. 

Receiver  Union  Railway  Company, 

65th  St.  and  Third  Ave.,  New  York  City. 
Dear   Sir: 

I  transmit  herewith  certified  copy  of  Order  No.  740  adopted  by  the  Commission  at  its  meeting  today. 

Yours  very  truly, 
EMR/DMQ  TRAVIS  H.  WHITNEY, 

Enc.  Secretary. 

0-740 

Tribune  Building,  154  Nassau  Street, 
Borough  of  Manhattan,  City  of  New  York. 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


In  the  Matter 

of  the 

Hearing  on  the  motion  of  the  Commission  on  the  Question  of  Repairs,  Im-  )   /-v^      xf^^ 

,.,,..  _,.  tAi-  •«>•  n-  1  I     v-Tder  iNO.  740. 

provements  and  Additions  to  Equipment  and  Appliances  including  rolling  stock 

of  the  UNION  RAILWAY  COMPANY. 


An  Order,  No.  333,  having  been  made  herein  on  or  about  the  13th  day  of  March,  1908,  ordering  and 
directing  the  Union  Railway  Company,  on  or  before  the  20th  day  of  September,  1908,  to  repair  all  the  closed 
cars  of  said  Company  as  provided  in  said  Order,  and  the  Receiver  of  said  Union  Railway  Company  hav- 
ing, on  September  23rd,  1908,  applied  in  writing  for  an  extension  of  time  within  which  to  overhaul  and 
repair  the  closed  cars  above  mentioned, 

NOW,  on  motion  made  and  duly  seconded,  it  is 

ORDERED:  That  the  time  within  which  the  Union  Railway  Company  shall  comply  with  the  terms 
of  Order  No.  336  above  mentioned,  in  respect  to  the  repairing  of  closed  cars  be,  and  the  same  hereby 
is,  extended  to  and  including  the  20th  day  of  October,  1908. 

Orders  737   and  740. 
Travis  H.  Whitney,  Esq.,  New  York,  September  26th,  1908. 

Secretary  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  25th  enclosing  to  me  the  Orders  of  the  Commission,  Nos.  737  and  740, 

for  which  I  am  much  obliged  to  you. 

Yours  truly, 

Receiver. 
104 


W.   Whitridge,   Esq., 
Receiver,  Third  Ave.  R.  R.  Co., 
Sixty-Third  St.  &  Third  Ave., 
New  York  City. 


New  York,  January  27,  1908. 


Sirs: 

The  Public  Service  Commission  for  the  First  District  has  received  the  communication  from  Isidor  Hell- 
man,  of  549  West  1326.  St.,  New  York  City,  of  which  copy  is  herewith  sent  to  you  for  your  information 
and  such  investigation  as  you  may  wish  to  make. 

It  may  be  that  this  is  an  isolated  case,  or  one  which  is  due  to  some  defect  in  your  organization  or 
service,  which  the  Commission  ought  officially  to  investigate,  but  preliminary  thereto,  the  Commission  de- 
sires your  explanation  thereof. 

Please  answer  hereto  to  this  Commission  by  the  6th  day  of  February,  sending  a  copy  of  your  an- 
swer to  the  Complainant  at  the  above  address,  who  has  been  requested  to  reply  thereto  within  ten  days  there- 
after. 

'Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
WN/TM  Secretary. 

(IC-1287) 

New  York,  January  28,   1908. 
Travis  H.  Whitney,  Esq.,  Secretary, 
Public  Service  Commission, 

154  Nassau  Street,  New  York. 
Dear  Sir: 

I  have  yours  of  the  27th  referring  to  a  complaint  which  is  supposed  to  have  been  enclosed 
therewith.     That  complaint  was  inadvertently  omitted  from  your  covering  letter. 

Yours  truly, 

Receiver. 


F.  W.  Whitridge,   Esq.,  New  York,  January  29,  1908. 

Receiver,   Third   Ave.   R.   R.   Co., 
65th  St.  &  Third  Ave., 
New  York  City. 
Dear  Sir: 

Receipt  of  your  communication  of  the  28th  inst.,  stating  that  complaint  referred  to  in  our  letter  of  the 
27th  was  inadvertently  omitted,  is  hereby  acknowledged.  Complaint  referred  to  is  herewith  enclosed. 

Yours  very  truly, 
WN/TM  TRAVIS  H.  WHITNEY, 

(IC-1287)  Secretary. 


New  York,  January  21,   1908. 


Smith  &  Kaufmann, 

549-559  W.  I32d  Street, 
New  York. 

Mr.  Willcox, 

Chairman  Public  Service  Commission. 

Dear  Sir: 

I  wish  to  call  your  attention  to  a  menace  to  the  health  of  the  traveling  public  and  which  can  easily 
be  remedied  by  those  in  charge  of  the  Surface  Cars.     I  refer  to  the  question  of  ventilation.     The  Subway 


people  are  doing  all  they  can  and  are  laboring  under  adverse  conditions.  But  there  is  no  such  excuse  for 
the  Surface  Cars.  A  year  or  two  ago  a  rule  was  put  into  effect  that  people  should  not  be  allowed  to  enter 
the  car  by  the  front  door  during  cold  weather,  so  as  to  avoid  the  cold  draught.  This  opening  and  clos- 
irijg  of  the  front  door  perhaps  chilled  a  few  people,  but  it  ventilated  the  car.  But  now  with  the  front  door 
tightly  closed  and  the  rear  door  generally  closed,  the  air  in  the  car  becomes  vicious  indeed.  Besides,  the 
neglect  of  the  conductors  to  keep  the  ventilators  open  near  the  roof  of  the  car  makes  it  almost  impos- 
sible for  any  one  who  knows  what  fresh  air  is,  to  stand  anywhere  except  on  the  rear  platform. 

Hundreds  of  people  stand  on  the  rear  platform  to  avoid  the  nasty  air  inside  the  car  and  thereby  pre- 
vent easy  access  to  and  from  the  cars.  If  you  will  have  a  representative  take  a  trip  on  the  Third  and 
Amsterdam  Avenue  line,  or  the  Sixth  and  Amsterdam  Avenue  line  going  uptown  between  the  hours  of 
seven  and  eight  A.  M.,  he  will  report  very  quickly  what  I  mean.  At  this  hour  the  cars  are  full  of  work- 
men, Italian  and  colored  people,  and  require  at  least  such  ventilation  as  the  cars  afford,  and  that  is  the 
use  of  the  top  ventilators,  which  the  conductors  are  permitted  to  neglect  to  make  proper  use  of.  If  every 
conductor   was   told   to   keep   the   ventilators    open,   the  health  of  the  community  would  be  improved. 

Very  respectfully, 

ISIDOR  HELLMAN. 


New  York,  January  30,  1908. 
Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 
Dear  Sirs: 

Referring  to  yours  of  the  29th,  I  beg  herewith  to  enclose  copy  of  my  reply  to  the  com- 
plaint. 

Yours  trulv. 

Receiver. 


New  York,  January  30.  1908. 
Mr.  Isidor  Hellman, 

Smith  &  Kaufmann, 

549  West  132nd  Street, 

New  York  City. 

My  dear  Sir: 

I  have  received  from  the  Public  Service  Commission  copy  of  your  complaint  of  the  21st 
instant.  I  am  precisely  of  your  opinion  and  have  frequently  made  complaints  of  a  similar  tenor 
to  yours,  I  will  do  what  is  possible  to  do  in  the  premises,  but  the  difficulty,  I  am  afraid,  is  an 
insuperable  one  and  based  upon  the  peculiarities  of  the  human  race,  expressed  in  the  old  adage 
that  "What  is  one  man's  meat  is  another  man's  poison." 

While  I  have  myself  frequently  tried  it,  I  have  never  been  in  any  kind  of  public  convey- 
ance, as  yet,  when  I  have  asked  for  a  window  to  be  opened,  or  seen  anyone  else  ask  that  a 
window  or  ventilator  be  opened,  that  at  least  two  other  passengers  in  the  car  did  not  ask  that 
it  be  closed.  Can  you  suggest  any  way  to  us  by  which  everybody  can  be  satisfied  in  this  matter, 
or  can  you  suggest  any  rule  which  I,  or  the  Public  Service  Commission,  could  impose  on  the 

community  whether  they  like  it  or  not? 

Yours  truly, 

Receiver. 
106 


Mr.  Fred  W.  Whitridge,  New  York,  January  31,  1908. 

65th  St.  &  3rd  Ave.,  City, 
Dear  Sir: 

I  have  your  very  courteous  favor  of  the  30th,  stating  that  you  are  of  my  opinion  in  regard  to  the 
complaints  that  have  been  made  in  regard  to  ventilating  your  cars;  but  that  you  cannot  find  a  way  out 
of  the  matter,  because  it  is  so  difficult  to  please  everybody. 

You  state  that  you  have  frequently  tried  it,  but  have  never  yet  succeeded.  You  ask  if  I  have  any 
suggestion  to  make,  by  which  everybody  can  be  satisfied  in  this  matter.  Yes,  I  have  a  suggestion  to  make, 
but  I  do  not  think  I  can  satisfy  everybody;  but  I  believe  that  my  suggestion  would  satisfy  a  very  large 
majority  of  your  passengers  and  would  improve  the  health  of  the  public. 

All  you  would  need  to  do,  would  be  to  give  your  Cars  a  thorough  airing  at  the  beginning  and  at  the 
end  of  each  run.  That  is,  have  the  conductors  open  the  doors  and  ventilators  two  or  three  minutes  before 
the  end  of  tVie  run  and  have  them  open  them  two  or  three  minutes  before  they  start  on  the  new  run.  That 
is,  when  the  cars  get  down  to  the  Post  Office  or  Battery  have  the  doors  and  ventilators  opened  when  they 
arrive  within  two  or  three  blocks  of  the  stopping  point,  and  in  Harlem  have  the  same  thing  repeated. 

There  will  be  very  few  passengers  in  the  cars  at  this  time,  and  those  that  are  in,  are  ready  to  get 
out.  Then  give  your  conductors  instructions  to  open  a  few  ventilators  at  all  times,  and  if  some  of  the 
passengers  complain  and  close  them,  the  cars  have  had  a  thorough  ventilation  at  the  beginning  of  the 
run,  and  will  have  it  at  the  end  of  the  run.  This  is  nothing  new,  as  it  is  now  in  force  on  the  Hudson 
Railroad  Line,  which  is  a  surface  car  running  from  Edgewater  and  Fort  Lee,  N.  J.,  to  Paterson,  N.  J. 
This  is  right  across  the  River  from  125th  St.,  and  this  rule  is  enforced  by  all  the  conductors  of  the  line 
and  the  cars  are  thoroughly  ventilated. 

Very  respectfully, 

IH  ISIDOR  HELLMAN, 

And  in  addition  rescind  the  order  of  keeping  the  front  door  closed.  That  is,  permit  passengers  to 
leave  and  enter  the  cars  from  the  front  platform  instead  of  keeping  the  gates  closed. 


Mr.  Isidor  Hellman,  New  York,  February  i,  1908, 

549  West  132nd  Street,  New  York  City. 
Dear  Sir: 

I  have  yours  of  the  31st  ultimo,  and  I  am  much  obliged  to  you  for  the  suggestion  which  you 
therein  make.  It  seems  to  me  to  be  practicable,  and  I  will  instruct  the  superintendent  to  see 
that  such  orders  are  given.  You  must,  however,  take  into  consideration  that,  under  the  hap- 
hazard, go-as-you-please  management,  which  this  Railroad  has  been  suffering  from  for  the  past 
few  years,  it  will  take  a  little  time  to  get  things  running  properly. 

Yours  very  truly, 


Receiver. 


J.  HOOD  WRIGHT  MEMORIAL  HOSPITAL, 
131st    Street   and    Amsterdam   Avenue. 
Hon.  Travis  H.  Whitney,  Secretary,  New  York,  January  27,  1908. 

Public   Service   Commission, 

154  Nassau  Street,  New  York. 
Dear  Sir: 

I  desire  to  register  a  formal  and  an  official  complaint  concerning  the  lack  of  service  by  the  Metro- 
politan Street  Railway  Co.  on  Amsterdam  Avenue,  north   of   Manhattan   Street. 

During  the  six  years  I  have  lived  on  this  avenue  the  service  has  never  been  reliable,  convenient  or 
satisfactory. 

Now  that  the  Sixth  Avenue  Cars  have  been  discontinued  north  of  125th  Street,  we  are  dependent 
upon  the  Third  Avenue  Cars. alone,  and  the  lack  of  service  is  intolerable. 

I  submit  the  following  specific  complaints  for  your   consideration: 

107 


1.  To-day  there  was  an  interval  of  i6  minutes  between  cars  bound  south,  passing  131st  Street. 

2.  I  have  stood  at  the  corner  of  Manhattan  Street  and  Amsterdam  Avenue  and  counted  nine 
east  bound  crosstown  cars  in  succession  with  no  car  going  north.  These  crosstown  cars  had 
an  average  of  five  passengers.  When,  finally,  the  north  bound  Third  Avenue  car  arrived  it 
was  packed  to  the  guard  rails  of  the  platforms. 

3.  It  is  almost  an  exception  when  a  north  bound  car  in  the  evening  is  not  detained  from  one 
to  ten  minutes  at  the  car  barn,  127th  Street  &  Amsterdam  Avenue,  while  one  or  more  "dead" 
cars,  chiefly  from  the  Broadway  line,  must  be  shunted  into  the  barn. 

4.  Cars  frequently  do  not  stop  on  signal  or  request  at  131st  St.,  going  north.  Passengers  are 
carried  to  the  top  of  the  hill,  as  far  as  135th  Street.  Many  of  these  passengers  are  patients, 
sick  and  injured,  some  of  them  on  crutches,  going  to  this  Hospital  for  treatment.  To  carry 
this  class  of  people  four  or  five  blocks  beyond  their  destination  is  an  outrage. 

Very    respectfully, 

R.  H.  TOWNLEY,  Superintendent. 

Mr.  Frederick  W.  Whitridge,  Feb.  3,  1908. 

Receiver,  Third  Ave.  R.  R.  Co., 
N.  Y.  City. 
Dear  Sir: 

Replying  to  the  attached  complaint  of  R.  H.  Townley,  Supt.  of  the  J.  Hood  Wright  Hospital,  we 
beg  to  say  that  we  expect  in  the  near  future  to  improve  the  service  on  Amsterdam  Ave. 

In  view  of  the  condition  of  the  cars  and  the  number  in  use  it  is  impossible  to  reduce  the  head- 
way until  we  have  had  an  opportunity  of  thoroughly  overhauling  our  cars  and  of  increasing  the  number 
in  use  on  our  Third  Avenue  and  Amsterdam  Ave.  Lines. 

There  has  always  been  numerous  delays  at  129th  St.  &  Amsterdam  Ave.  Depot,  owing  to  the  fact 
that  the  Boulevard  cars  are  housed  at  that  Depot,  and  when  they  are  taken  out  and  run  into  the  Depot 
it  necessarily  causes  a  'delay  to  the  North  Bound  cars. 

Some  improvement  has  been  made  in  the  conditions  at  this  point  since  you  have  been  Receiver, 
and  we  expect  to  further  improve  them  in  the  near  future. 

With  reference  to  motormen  failing  to  stop  their  cars  at  131st  Street  no  complaints  of  this  char- 
acter have  been  received  by  us,  and  upon  the  receipt  of  the  complaint  of  Mr.  Townley  we  have  to-day 
detailed  an  inspector,  who  has  been  directed  to  pay  particular  attention  to  the  matter  complained  of  as 
to  cars  failing  to  stop  on  signal  at  131st  St.  going  North. 

Yours   very  truly, 
E.A.M./K.  EDWARD  A.  MAHER, 

General    Manager. 

R.  H.  Townley,  Esq.,  Superintendent,  Feb.  4th,  1908. 

J.  Hood  Wright  Memorial  Hospital, 

131st  Street  &  Amsterdam  Avenue,  City. 
Dear  Sir: 

I  have  received  from  the  Public  Service  Commission  your  letter  of  the  27th  ult.,  and  enclose 
herewith  report  of  the  General  Manager  of  this  Company  upon  the  same. 

I  am  very  much  obliged  to  you  for  calling  our  attention  to  these  matters,  and  should  be 
equally  obliged  if  you  would  continue  to  keep  me  informed  of  any  defects  in  the  service,  such  as 
you  have  referred  to  in  this  complaint. 

As  you  are  aware,  at  the  time  of  my  appointment  as  Receiver,  the  condition  of  the  rolling 
stock  of  the  Third  Avenue  Railroad  was  most  unsatisfactory,  and  the  previous  management 
appears  to  have  been  fitted  to  the  rolling  stock,  and  it  will  be  some  little  time  before  we  can 
get  things  in  the  shape  we  would  like  to  have  them. 

Yours  very  truly, 

Receiver. 
108 


Jan.  30,  1908. 
Public  Service  Commission, 

Gentlemen: 

The  cars  on  the  125th  St.  Crosstown  Line  are  not  heated  and  have  not  been  heated  this  winter.  Will 
you  look  into  this  and  have  same  remedied? 

Yours  truly, 

(Signed)    F.  P.  SPERRY. 
Sperry  &  Popham, 

241  West  125th  St., 
New  York  City. 

Mr.  F.  P.   Sperry,  New  York,  February  i,  1908. 

New  York  City. 

My  dear  Sir: 

The  Public  Service  Commission  have  handed  me  your  letter  of  the  30th  ultimo,  in  respect 

to  heating  of  the  crosstown  lines,  and  in  reply  thereto  I  beg  to  say  that  this  shall  have  my 

immediate  attention. 

Yours  very  truly. 

Copy.  Receiver. 


THE  COOPER  CIVIC  CLUB 
OF  THE  PEOPLE'S 
INSTITUTE. 
Office  of  Secretary,  New  York,  January  30th,  1908. 

318  East  Fifteenth  St. 
Secretary,  Public  Service  Commission, 
154   Nassau    Street,   New   York   City. 

Dear  Sir: 

Members  of  our  Cooper  Civic  Club  have  reported  that  there  are  a  number  of  Third  Avenue  cars 
that  bear  the  Post  Office  sign,  but  which  are  accustomed  to  stop  at  Cooper  Square  and  then  return.  We 
should  like  this  matter  to  be  investigated,  if  it  has  not  already  been  looked  into  by  your  body,  and  to 
have  action  taken  by  you  if  any  large  proportion  of  the  cars  are  doing  this.  Our  men  have  not  been 
able  to  find  out  just  what  percentage  of  the  Post  Office  cars  are  running  as  described. 

Very  truly  yours, 

J.  I.  POLSTEIN, 

Secretary. 

Mr.  J.  I.  Polstein,  New  York,  February  i,  1908. 

318  East  15th  Street,  New  York  City. 

Dear  Sir : 

Your  complaint  addressed  to  the  Public  Service  Commission  in  respect  to  the  Third  Avenue 

cars  bearing  Post  Office  sign,  has  been  duly  received.     I  will  have  that,  matter  investigated,  and 

I  hope  remedied  to  your  satisfaction  immediately. 

Yours  very  truly, 

Receiver. 
109 


Copy.  February  4th,  1908. 

Secretary  of  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 
Dear  Sir:  , 

I  find  that  certain  cars  belonging  to  the  Third  Avenue  Railroad,  which  have  been  operat- 
ing upon  the  Forty-Second  Street,  Manhattanville  &  St.  Nicholas  Avenue  Railway,  have  been 
run  by  it  down  Broadway,  from  42nd  Street  to  Murray  Street,  a  line  which  does  not  belong 
to  the  42nd  Street  or  to  the  Third  Avenue  Railroad,  and  I  am  informed  that  this  is  done  in 
accordance  with  an  order  made  by  your   Commission. 

No  arrangement  has  been  made  by  the  Receivers  of  the  New  York  City  Railway  to  com- 
pensate the  Third  Avenue  Railroad  for  this  use  of  its  cars,  and  the  Third  Avenue  Railroad 
and  its  controlled  lines — the  Forty-Second  Street  and  Dry  Dock  Railways — are  in  pressing  need 
of  cars  with  which  to  increase  the  service  upon  their  own  lines.  I  therefore  desire  to  with- 
draw these  cars  now  so  running  down  Broadway,  from  the  service  of  the  receivers  of  the  New 
York  City  Railway;  so  that  the  service  upon  my  own  lines,  particularly  Grand  Street  and  the 
main  Third  Avenue  Line,  can  be  increased.  I  should  be  much  obliged  if  you  would  inform 
me  whether  there  is  any  objection  upon  the  part  of  the  Commission  to  this  course;  and  I  call 
your  particular  attention  to  the  fact  of  the  great  necessity  for  the  increase  in  service  upon  the 
Third  Avenue  Lines  which  I  have  mentioned,  not  only  for  the  profit  of  the  Third  Avenue,  but 
for  the  accommodatiofi  of  the  public.  I  shall  be  very  much  obliged  for  any  information  or 
advice  which  you  can  give  me  in  the  premises,  and  I  am, 

Yours  truly. 

Receiver. 


F.  W.  Whitridge,  Esq.,  February  8th,  1908. 

65th  Street  &  Third  Avenue, 
New  York  City. 

Dear  Sir: 

Acknowledging  receipt  of  your  communication  of  February  4th,  with  regard  to  the  matter  of  the 
cars  of  the  Forty-second  Street,  Manhattanville  &  St.  Nicholas  Railroad,  and  operating  on  Broadway 
from  42d  Street  to  Murray  Street,  I  desire  to  state  that  the  hearings  on  that  order  were  held  by  Commis- 
sioner Maltbie,  who  is  at  present  in  Washington,  but  will  return  on  Monday,  at  which  time  I  will  take  up 
with  him  your  letter  and  advise  you  at  the  earliest  moment  as  to  the  possible  procedure. 

Very   truly  yours, 

TRAVIS  H.  WHITNEY, 
*  Secretary. 

THW/EH 

Travis  H.  Whitney,  Esq.,  Secretary,  February  nth,  1908. 

Public  Service  Commission, 

No.  154  Nassau  Street,  New  York  City. 
My  dear  Sir :  •  . 

I  have  yours  of  the  8th  instant,  for  which  I  am  much  obliged  to  you.    My  previous  letter 

in  respect  to  the  use  of  the  Forty-Second  Street  cars  operating  on  Broadway  as  far  as  Murray 

no 


Street  was  a  request  for  information.  Since  then,  I  find  that  the  Third  Avenue  cars  were 
operated  down  Broadway  by  the  Forty-Second  Street  Railroad,  under  a  contract  which  has 
expired,  and  the  New  York  City  Receivers  have  notified  me  that  they  desire  to  discontinue 
such  use  of  those  cars,  and  I  have,  of  course,  acquiesced  in  this  notice,  because,  as  I  wrote  you, 
I  desire  to  use  these  cars  to  increase  the  service  on  my  other  lines,  where  sv.ch  increase  is 
much  needed.  I  presume  that  the  New  York  City  Receivers  will  supply  the  service  performed 
by  the  Third  Avenue  cars  so  rurrcndered  to  me  with  other  cars  under  their  control. 

Yours  very  truly. 

Receiver, 


New  York,  February  13th,  1908. 
Mr.  Frederick  W.  Whitridge,  Receiver, 
Third  Avenue  Railroad  Company, 
6sth  Street  and  Third  Avenue, 
New  York   City. 

Dear  Sir: 

In  reply  to  your  letter  of  February  nth,  I  beg  to  say  that  I  have  consulted  with  Commissioner 
Maltbie,  who  presided  at  the  hearings  held  to  consid'er  the  improvement  of  service  upon  the  Broad- 
way line  of  the  42nd  Street,  Manhattanville  &  St.  Nicholas  Avenue  Railroad  Company.  These  hearings 
were  begun  prior  to  your  appointment  as  receiver  and  a  report  upon  the  facts  has  not  yet  been  made. 

As  this  investigation  was  begun  for  the  purpose  of  determining  whether  any  increased  service  was 
needed  upon  the  Broadway  line,  Commissioner  Maltbie  suggests  that  if  you  wish  to  present  any  facts 
for  consideration  in  this  case,  looking  toward  a  change  in  the  service,  he  will  hold  another  hearing  at 
any  time  that  will  be  convenient  for  you. 

The  Commission  has  noted  your  intention  to  discontinue  the  operation  of  Third  Avenue  cars  upon 
Broadway  below  42nd  Street  and  assumes  that  adequate  provision  for  taking  care  of  the  present  traffic 
will  be  made  either  by  you  or  by  the  receivers  of  the  New  York  City  Railway  Company.  As  you  are ' 
aware  this  traffic  is  very  considerable,  and  as  Broadway  is  one  of  the  principal  thoroughfares,  no  action 
should  be  taken  by  any  company  to  decrease  in  anj"^  way  present  facilities.  Indeed,  the  reports  of  our 
inspectors  indicate  that  an  increase  in  the  service  is  needed. 

Very  respectfully, 

TRAVIS  H.  WHITNEY, 
EMH.  Secretary. 


Mr.  Frederick  W.  Whitridge,  Receiver,  New  York,  February  4,  1908. 

Third  Avenue  Railway  Co., 

65th  Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir: 

Within  the  last  few  days  we  have  received  two  complaints  regarding  the  service  on  the  Broadway 
line  north  of  145th  Street.  These  complaints  mention  two  matters  (i)  infrequency  of  cars  and  irregu- 
larity of  schedules;  (2)  interference  with  the  schedule  time  due  to  the  experimental  operation  of  the 
new  cars  to  be  used  by  the  New  York  City  Railway  Company.  I  have  written  to  the  complainants 
that  the  company  must  be  allowed  to  try  out  its  new  cars  and  have  pointed  out  the  desirability  of  so 
doing.  I  suggest,  however,  that  you  reduce  to  a  minimum  the  interference  with  the  ordinary  traffic  on 
that  line.  Possibly  you  are  now  doing  everything  that  can  be  done,  but  if  your  employees  are  somewhat 
careless,  I  trust  you  will  see  that  they  are  called  to  account. 

Very  respectfully, 

MILO  R.  MALTBIE, 

Commissioner. 
MRM/EMH 

III 


February  5,   1908. 
Milo  R.  Maltbie,  Esq., 

Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  received  your  personal  letter  of  the  4th,  for  which  I  am  very  much  obliged  to  you. 
Our  employees  have  already  been  instructed  that  the  experiments  by  the  New  York  City  Rail- 
way Company  with  respect  to  the  Pay-as-you-enter  cars,  must  be  allowed  to  interfere  with  the 
ordinary  traffic  as  little  as  possible,  and  you  may  be  sure  that  I  will  attend  with  the  utmost 
promptness  to  any  complaint  which  I  may  receive  from  any  apparently  responsible  source,  even 
though  it  does  not  come  to  me  through  the  Public  Service  Commission. 

I  am  sure,  however,  you  appreciate  that  while  the  Third  Avenue  and  the  New  York  City 
Railway  Systems  are  in  process  of  disentanglement,  it  is  inevitable  that  there  should  be  a 
certain  amount  of  confusion,  and  that  it  will  be  some  little  time  after  we  have  got  everything 
disentangled,  before  we  get  things  running  either  to  our  satisfaction  or  yours. 

Yours  very  truly. 

Receiver. 


Brooklyn,  N.  Y.,  Feb.  5,  1908. 
To  the  Public  Service  Commission, 

Gentlemen: 

In  the  name  of  common  decency  I  appeal  to  you  to  ask  if  there  is  ever  going  to  be  anything  done 
to  relieve  the  disgraceful  condition  of  things  that  exist  on  the  Grand  St.  line  of  cars.  In  all  the  storm 
to-night  some  forty  or  more  people  were  compelled  to  stand  for  more  than  a  half  hour  at  the  corner  of 
Grand  St.  &  Bowery  waiting  for  a  car;  in  that  time  just  four  cars  passed  and  it  was  a  physical  im- 
possibility to  board  any  one  of  them.  I  counted  fourteen  Madison  Ave.  cars  pass  and  in  three  there  were 
no  passengers  at  all. 

This  same  condition  exists  every  night,  and  to  add  to  it  girls  are  compelled  to  ride  on  the  front  and 
rear  platforms  in  order  to  reach  their  homes.  A  few  nights  ago  my  pockets  were  picked,  and  from  what 
I   can  learn   it   is   a  nightly  occurrence  and  an   investigation  will  prove  to  you  the  truth  of  my  statement. 

Trusting  you  will  give  this  your  early  attention,  I  have  the  honor  to  be, 

'  Respectfully, 

DAVID    N.    O'BRIEN, 
274  Hewes   St., 
Bklyn.,  N.  Y. 


Mr.  David  N.  O'Brien,  February  7th,  1908. 

274  Hewes  Street, 
Brooklyn. 

My  dear  Sir: 

I  have  received  from  the  Public  Service  Commission  your  letter  of  the  5th  instant. 

I  have  just  entered  into  possession  of  the  Grand  Street  Line  of  cars  as  Receiver,  and  am 
considering  how  I  can  find  money  to  buy  more  cars  to  put  upon  that  line,  the  necessity  for 

112 


which  I  fully  appreciate,  or  how  I  can  get  cars  for  service  on  that  Line,  without  money.  I 
hope  within  a  few  weeks  to  have  the  matter  in  much  better  shape,  and  also  hope  that  you  will 
appreciate  that  bankrupts — even  if  they  are  railroad  companies — are  a  good  deal  hampered  in 
their  endeavors  to  improve  conditions. 

Yours  truly, 

Receiver. 

Milo  R.  Maltbie,  Esq.,  February  7th,  1908. 

Public   Service   Commission, 

154  Nassau  Street,  New  York. 
My  dear  Sir : 

I  have  yours  of  the  6th  instant.  I  have  already  written  to  the  Commission  that  the  force 
at  my  command  is,  and  will  for  some  time,  be  working  to  its  maximum  capacity  to  put  the  cars 
of  the  Third  Avenue  Railroad  Company  in  order.  No  evidence  of  the  need  of  repairs  is 
necessary;  it  is  obvious. 

I  am  glad  to  hear  that  your  engineer  will  call  upon  us  to  see  what  we  are  doing. 

Yours  truly, 

Receiver. 

Mr.  F.  W.  Whitridge,  Receiver,  New  York,  February  6th,  1908. 

Third  Avenue   Railroad   Company, 
65th  Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir: 

Your  letters  of  February  1st  and  sth  have  been  referred  to  me.  I  have  asked  Mr.  McLimont,  our 
Electrical  Engineer,  to  call  upon  you  and  secure  such  information  as  will  enable  us  to  reach  proper 
conclusions  at  the  hearing  scheduled  for  next  Thursday. 

If  you  are  not  able  to  attend,  I  trust  some  one  from  your  office  will  appear.  We  have  had  a 
thorough  examination  made  of  the  rolling  stock  of  the  Third  Avenue  Railroad,  as  well  as  the  other 
lines  of  the  Metropolitan  system.  The  need  of  repair  has  been  clearly  shown  by  the  evidence  and 
the  hearing  next  Thursday  is  principally  for  the  purpose  of  determining  how  many  cars  can  be  repaired 
daily  by  the  Third  Avenue  Company  and  when  the  order  should  be  made  effective. 

Very  sincerely, 

MILO  R.  MALTBIE, 
MRM/EMH  Commissioner. 

Third  Avenue  Railroad  Company,  New  York,  February  18,  1908. 

621  Broadway,  New  York  City. 
Gentlemen: 

The  six  weeks'  time  for  the  filing  of  the  quarterly  report  of  your  company  for  the  quarters  end- 
ing September  30,  1907,  and  December  31,  1907,  expired  on  February  nth,  1908,  and  your  attention  is 
called  to  the  fact  that  your  company  is  now  in  default,  and  is,  therefore,  subject  to  the  provisions  of 
the  act  as  to  default. 

No  reply  has  been  received  to  our  inquiries  of  January  9th,  1908,  in  relation  to  your  annual  report. 
This  information  should  be  transmitted  forthwith.  Your  company  is  already  in  default  in  this  matter, 
as  thirty  days  is  the  maximum  period  allowed  under  Section  46  of  the  Act. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
AFW/MCF  Secretary. 

"3 


February  20,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  yours  of  the  i8th,  which  I  may  mention  was  insufficiently  stamped.  As  this  Re- 
ceivership is  very  poor,  I  respectfully  request  that  you  hereafter  put  the  requisite  number  of 
stamps  on  your  letters, 

I  am  sorry  that  the  proper  written  reports  of  the  accidents  to  which  you  refer  have  not 
been  made  to  you,  and  I  have  directed  the  attorney  positively  to  see  that  these  reports  are 
sent  you  forthwith  and  hereafter  regularly. 

Yours  truly, 

Receiver, 


New  York,  February  20th,  1908, 
Frederick  W.   Whitridge,   Esq., 

Receiver,  Third  Avenue  Railroad  Company, 
New  York  City. 
Dear  Sir: 

In  reply  to  the  communications  sent  to  you  by  the  Public  Service  Commission  for  failure  to  make 
written  reports  of  accfdents  within  three  days  after  telephoning  reports  of  such  accidents,  I  beg  to 
state  that  I  thought  that  it  was  being  done  as  I  have  designated  one  of  the  men  in  the  Claim  Depart- 
ment to  attend  to  such  reports,  but  found,  on  investigation,  that  the  man  who  had  charge  of  this  matter 
was  under  the  impression  that  we  should  make  only  monthly  reports,  together  with  the  reports  that  we 
telephone. 

Written  reports  are  all  being  made  out  now,  and  I  can  assure  you  that,  hereafter,  there  will  be  no 
misunderstanding  about  the  matter  and  that  the  written  reports  will  be  forwarded  in  the  regular  course. 

I  am  not  trying  to  shirk  my  responsibility  in  the  matter,  but  it  is  impossible  for  me  to  personally 
attend  to  all  details  and  I  am  sure  there  will  be  no  cause  for  complaint  hereafter  in  this  matter. 

Yours  very  truly, 

JAMES  M.  O'NEILL, 

Assistant  Attorney. 

February  21st,  1908. 
Travis  H,  Whitney,  Esq,, 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

Your  letter  of  the  18th  instant  to  the  Third  Avenue  Railroad  Company  in  respect  to  the 
reports  of  that  Company,  has  been  handed  to  me.  We  have  no  data  at  this  office  at  all  which 
would  enable  us  to  make  either  quarterly  or  annual  reports,  and  I  do  not  think  I  ever  received 
your  inquiry  of  January  9th,  to  which  you  refer. 

All  inquiries  in  respect  to  these  matters  should,  I  think,  be  addressed  to  .the  Receivers  of 
the  New  York  City  Railway  Company,  No,  621  Broadway,  who,  until  the  date  of  my  appoint- 
ment as  Receiver — ^January  12th — were  in  possession  of  the  Third  Avenue  Railway. 

114 


I  shall  be  very  much  obliged  if  yoii  will  get  these  reports  out  of  them  and  then  let  me  see 

copies  of  them. 

Yours  truly. 

Receiver. 


Copy. 
Public  Service  Commission,  29  Jay  St.,  Albany,  Feb.  19th,  1908. 

Second  District,  New  York  City. 
Gentlemen: 

When  in  New  York  last  week  I  had  occasion  twice  to  use  the  Third  Avenue  line  of  surface  cars 
running  on  Amsterdam  avenue,  above  126th  Street.  Each  time  I  had  to  wait  not  less  than  10  to  15 
minutes  for  a  car  and  each  one  was  packed  to  the  steps.  I,  although  lame,  had  to  stand  on  the  plat- 
form. My  children,  who  live  on  144th  St.  and  use  the  cars,  told  me  it  was  simply  terrible  since  the 
Amsterdam  Avenue  cars  were  taken  off  above  125th  Street.  There  was  a  loud  complaint  from  the  pas- 
sengers. Now,  I  wish  to  complain  of  the  lack  of  cars  rather  than  the  inconvenience  of  your  recent 
schedule  as  to  Amsterdam  Avenue  cars  not  running  above  125th  Street.  If  this  must  be,  then  give 
enough  cars  of  the  Third  Avenue  line.  Very  truly  yours, 

(Signed)     MRS.  A.  L.  GREENE. 

Frederick  W.  Whitridge,  Esq.,  New  York,  February  21,  1908. 

Receiver,  Third  Ave.  R.  R.  Co., 
65th  St.  &  Third  Ave., 
New  York  City. 
Dear  Sir: 

On  January  28  the  Public  Service  Commission  forwarded  to  you  for  answer  a  complaint  regarding 
lack  of  Third  Avenue  cars  on  Amsterdam  Avenue  above  125th  Street.  Since  that  date  the  Public  Serv- 
ice Commission  has  been  receiving  continual  complaints  regarding  the  overcrowding  of  these  cars. 

I  herewith  enclose  to  you  for  answer  copy  of  complaint  received  from  Mrs.  A.  L.  Greene  regard- 
ing this  matter.     Please  make  answer  by  March  2,  sending  complainant  a  copy  thereof. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
WN/TM  Secretary. 

(IC-1577) 

Travis  H.  Whitney,  Esq.,  February  22nd,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir: 

I  have  yours  of  the  21st  in  respect  to  the  service  on  Amsterdam  Avenue.  As  you  are 
aware,  the  service  of  our  cars  on  Broadway  south  of  42d  Street  has  been  discontinued,  and  this 
will  give  us  about  30  additional  cars,  nearly  all  of  which  it  is  my  purpose  to  run  on  .Amsterdam 
Avenue. 

Some  repairs  are  necessary  to  each  of  them,  but  already  some  of  them  have  been  installed 
on  upper  Amsterdam  Avenue  and  presently  at  least  20  additional  cars  will  be  in  use  there. 

I  am  also  making  an  application  to  Court  for  authority  to  buy  additional  cars,  some  of 
which  will  be  used  on  this  Line,  if  such  authority  be  granted. 

Yours  very  truly. 

Receiver. 
IIS 


THE  NEWTON,  » 

2528  Broadway, 

Mr.  W.  Willcox,  Chairman,  New  York,  February  26th,  1908. 

Public   Utilities   Commission,   City. 
Dear  .Sir: 

Feeling  that  I  am  within  my  rights  I  wish  to  enter  a  complaint  against  the  42d  St.,  Manhattan- 
ville  and  St.  Nicholas  Ave.  R.  R.  as  follows: 

This  morning  I  boarded  a  car  of  this  company  at  the  corner  of  96th  Street  and  Broadway  at  8.45 
o'clock  and  I  took  particular  notice  that  the  sign  on  the  front  top  indicated  that  the  destination  of  that 
particular  car  was  East  34th  Street  Ferry. 

On  arriving  at  a  point  midway  between  58th  and  59th  Streets,  where  there  is  a  switch,  all  the  pas- 
sengers in  this  car  were  ordered  to  enter  the  car  ahead  if  they  wanted  to  go  further  downtown.  There 
was  an  inspector  of  the  company  holding  the  southbound  car  at  that  point  for  that  purpose.  I  failed  to 
get  the  number  of  the  first  car  I  rode  in,  but  the  car  to  which  we  were  transferred  was  No.  2132. 

If  my  memory  serves  me  right,  I  believe  such  action  on  the  part  of  the  R.  R.  Company  is  in  viola- 
tion of  a  special  ordinance  and  punishable  by  a  fine  for  each  offense. 

Be  good  enough  to  inform  me  if  I  am  obliged  to  take  a  car  ahead  to  suit  the  convenience  of  the 
company  or  are  they  obliged  to  carry  me  to  the  destination  indicated  by  the  sign  on  the  car  when  there 
is  nothing  wrong  with  the  car  in  any  manner,  or  is  the  public  subject  to  the  pleasure  of  the  railroad 
company  as  it  was  before  the  appointment  of  your  Honorable  Commission?  I  would  also  like  to  know 
if  something  cannot  be  done  to  have  the  number  of  flat  wheels  on  this  car  line  reduced,  as  almost  every 
other  car  has  one. 

Yours  very  truly, 

(Signed)     WM.  C.  RADER. 


William  C.  Rader,  Esq.,  February  27th,  1908. 

2528  Broadway,  New  York  City. 

My  dear  Sir: 

I  have  a  copy  of  your  letter  of  the  26th  addressed  to  the  Public  Utilities  Commission.  In 
reply  thereto  I  beg  to  say  that  I  very  much  regret  that  you  were  inconvenienced  on  the  occasion 
of  which  you  speak,  and  desire  to  explain  that  the  change  in  the  service  of  the  cars  on  Amster- 
dam Avenue  only  having  recently  taken  effect,  and  the  number  of  cars  controlled  by  the  Com- 
pany being  very  limited,  we  are  for  the  time  hampered  in  the  discharge  of  our  duties. 

We  hope  before  long  everything  will  be  moving  to  the  satisfaction  of  the  people  who  use 

the  road. 

Yours  truly, 


Receiver. 


Milo  R.  Maltbie,  Esq.,  March  3rd,   1908. 

Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  yours  of  the  2nd  instant,  for  which  I  am  much  obliged  to  you.  I  will  send  for  the 
conductor  and  motorman  of  this  car  myself  and  let  you  know  if  there  is  any  explanation  for 
what,  I  quite  agree,  is  most  annoying  conduct.  So  far  as  I  can  see,  there  is  absolutely  no  excuse 
for  any  such  performance,  and  I  will  write  you  further  in  reference  to  the  matter. 

116 


As  to  the  service  generally,  on  this  line,  you  know  that  we  are  very  short  of  cars,  and  I 
am  glad  to  say  that  the  permission  which  I  wrote  to  the  Commission  about  on  February  i8th,  for 
the  purchase  of  new  cars,  has  been  granted.  I  hope  to  have  the  money  and  sign  a  contract  for 
the  same  within  a  few  days.  When  those  cars  begin  to  arrive  next  month,  this  service  will,  I 
hope,  be  much  improved. 

Yours  very  truly, 

Receiver. 

March  5th,  1908. 
Milo  R.  Maltbie,  Esq., 

Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  4th  instant,  for  which  I  am  much  obliged  to  you.  I  have  suspended  the 
men  of  whom  you  complain,  for  ten  days,  unless  they  can  induce  you  to  request  their  imme- 
diate reinstatement. 

I  am  always  grateful  for  any  intelligent  complaints  of  the  Service  against  properties  under 
my  charge.  I  am  anxious  to  do  the  best  that  can  be  done.  The  difficulties  under  which  I  am 
compelled  to  labor,  at  least  in  the  beginning,  are  very  great  indeed. 

Yours  truly. 

Receiver. 


New  York,  March  6th,  1908. 
Mr.  Frederick  W.  Whitridge,  Receiver, 
Third  Avenue  Railroad  Co., 

65th  Street  &  Third  Avenue, 
New  York  City. 

Dear  Mr.  Whitridge: 

I  beg  to  acknowledge  your  letter  of  March  Sth.  While  I  do  not  wish  the  two  men  you  have  sus- 
pended reinstated  at  my  request,  or  in  any  way  interfere  with  your  methods  of  discipline,  it  would  be 
entirely  satisfactory  to  me  if  you  shorten  the  period,  but  the  matter  is  entirely  in  your  hands  and  what- 
ever action  you  take  will  be  for  the  best  of  the  service  I  am  sure. 

Very  sincerely, 

MILO  R.  MALTBIE, 
MRM/EMH  Commissioner. 


New  York,  March  25th,  1908. 
Mr.  Frederick  W.  Whitridge,  Receiver, 
Third  Avenue   Railway  Co., 

65th  Street  &  Third  Avenue, 
New  York  City. 
Dear  Sir: 

I  beg  to  enclose  a  copy  of  a  report  made  by  our  Transportation  Bureau,  regarding  the  conditions 
that  exist  at  Bayard  Street  and  the  Bowery.  It  is  possible  that  matters  have  been  improved  since  this 
inspection  was  made;  but  if  they  have  not,  there  is  certainly  need  for  an  improvement  in  the  service.     I 

117 


am  sending  a  copy  to  Mr.  Joline  and  Mr.  Robinson,  as  this  is  a  matter  which  apparently  concerns  both 
the  New  York  City  system  and  the  Third  Avenue  system. 

Very  sincerely, 

MILO  R.  MALTBIE, 
MRM/EMH  Commissioner. 

Milo  R.  Maltbie,  Esq.,  New  York,  March  26th,  1908. 

Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  yours  of  the  25th  calling  my  attention  to  the  carelessness  of  the  Third  Avenue 
drivers  at  Bayard  Street  and  the  Bowery,  for  which  I  am  very  much  obliged  to  you.  The  trans- 
fer of  passengers  at  this  point  came  upon  our  employees  as  a  novelty,  and  it  always  takes  a 
little  time  to  become  accustomed  to  such  things. 

Yours  very  truly. 

Receiver. 

Public  Service  Commission,  481  West  iSQth  Street, 

154  Nassau  Street,  City.  New  York,  N.  Y.,  Apr.  21,  1908. 

Gentlemen: 

I  would  very  much  like  to  call  your  attention  to  the  operation  of  the  Amsterdam  Avenue  division 
of  the  Third  Avenue  Railroad.  Since  the  appointing  of  receivers  for  this  road  and  the  withdrawal  of  the 
Sixth  Avenue  cars  from  the  upper  end  of  Amsterdam  Avenue,  the  service  has  been  most  inadequate. 
At  times  there  are  delays  as  much  as  ten  or  fifteen  minutes.  In  addition  to  this,  even  when  the  delays 
do  not  exist  it  is  very  rarely  that  a  person  is  able  to  get  a  seat  in  a  car  on  this  line. 

While  the  Broadway  cars  help  out  to  a  certain  extent  between  Eighth  Avenue  and  125th  Street,  and 
Amsterdam  Avenue  and  i62d  Street,  still  they  do  not  run  a  sufficient  number  of  cars  to  eliminate  standing 
and  crowding.  On  125th  Street  one  can  stand  and  see  three  crosstown  cars  go  over  to  each  Amsterdam 
Avenue  car.  It  seems  to  me  that  at  least  a  portion  of  these  cars  could  be  run  up  Amsterdam  Avenue 
as  there  are  but  few  passengers  carried  in  these  cars  west  of  Amsterdam  Avenue. 

Aside  from  the  above  complaint,  one  which  should  receive  your  immediate  attention  is  the  filthy 
condition  of  these  Third  Avenue  and  Amsterdam  Avenue  cars. 

It  was  my  intention  to  send  with  this  letter  some  specific  data  as  to  the  operation  of  this  line,  as 
to  the  number  of  cars  that  are  sent  down  Amsterdam  Avenue,  not  alone  in  the  morning  and  evening,  but 
during  the  entire  day,  classed  as  "dark  cars";  in  other  words,  not  carrying  passengers.     ♦    *    * 

Very  truly  yours, 

(Signed)    JAMES  P.  O'SHEA. 

Mr.  E.  A.  Maher,  April  24,  1908. 

General  Manager. 

Dear  Sir: 

In  reply  to  the  attached  letter  from  Mr.  J.  O'Shea,  under  date  of  April  21st,  I  beg  to  say  that  the 
headways  of  cars  on  Amsterdam  Avenue  are  as  follows: 

During  the  rush  hours i^  minutes 

Headways  from  9.00  A.  M.  to  3.00  P.  M.  .254        " 

The  headways  on  125th  Street  Crosstown  line: 

From  6.00  A.  M.  to  8.30  A.  M i^        "  '. 

"      8.30  A.  M.  "  4.00  P.  M 2 

"      400  P.  M.  "  6.30  P.  M iK 

"      6.30  P.  M.  "  8.30  P.  M 2 

118 


There  are  no  dark  cars  (other  than  disabled  ones)  sent  down  from  Fort  George  during  the  day,  and 
not  until  late  at  night. 

All  cars  that  are  to  be  run  off  during  the  evening  carry  passengers  to  65th  St.  &  3rd  Ave.,  which 
signs   cars   display. 

In  relation  to  the  paragraph  in  Mr.  O'Shea's  letter  in  which  he  speaks  of  the  unclean  condition 
of  the  cars,  I  would  say  that  I  have  received  no  reports  whatever  either  from  my  inspectors  or  any 
one  else  in  relation  to  the  same. 

Permit  me  to  call  your  attention  to  the  tally  recently  taken  of  headways  and  passengers  carried 
on  Amsterdam  Avenue.     These  tallies  show  that  we  had  more  than  enough  cars  on  this  Avenue. 

Respectfully, 

J.  J.  CAHILL, 

Superintendent. 


Mr.  James  P.  O'Shea,  New  York,  April  29,  1908. 

481  West  159th  Street, 
New  York  City. 

Dear  Sir: 

I  have  received  from  the  Public  Service  Commission  copy  of  your  letter  of  April  21st.  I 
am  very  sorry  that  you  find  the  service  on  Amsterdam  Avenue  inadequate,  and  I  should  be 
very  much  surprised  if  the  delays  of  10  or  15  minutes,  which  you  speak  of,  are  actual  counted 
minutes  by  some  timekeeper. 

As  to  the  filthy  condition  of  the  Third  Avenue  and  these  cars,  I  have  to  say  that  the  cars 
which  were  turned  over  to  me  are  old  and  in  bad  order.  They  are  being  repaired  as  rapidly 
as  possible,  but  my  own  observation  is  that  they  are  not  generally  in  filthy  condition,  unless  a 
large  number  of  filthy  people  have  just  left  them. 

As  to  the  "dark"  cars  which  you  state  are  run,  I  beg  to  inform  you  that  no  cars  whatever 

of  this  description  are  run  over  the  line  except   late   at   night,   and   the   general   headway   on 

Amsterdam  Avenue  is  i^  minutes,  and  during  the  middle  of  the  day  2^  minutes.     On  125th 

Street  it  is  the  same,  except  that  during  the  middle  of  the  day  the  cars  are  run  on  2  minutes 

headway,  and  if  there  are  any  such  delays  as  10  or  15  minutes,  as  you  speak  of,  it  must  be  in 

isolated  cases  caused  by  some  accident  or  stalling    of    trucks    on    the    track.     The    tallies    of 

passengers  carried  on  the  Amsterdam  Avenue  cars  show  that  more  than  enough  cars  are  now 

run  on  that  line. 

Yours  truly, 

Receiver. 


NATIONAL  STEEL  &  WIRE  COMPANY, 
114  Liberty  St.,  New  York. 
Public  Service  Commission,  New  York,  April  21st,  1908. 

Tribune  Building, 

154  Nassau  St.,  N.  Y. 
Gentlemen: 

I  beg  to  call  your  attention  to  some  facts  in  regard  to  that  branch  of  the  Third  Avenue  System 
which  is  operated  on  42d  St.,  and  runs  to  34th  St.  Ferry. 

I  am  informed  that  it  is  illegal  for  a  street  car  company  to   transfer   passengers    from    cars    at   any 
place  except  at  the  destination  marked  by  signs  on  the  car,  and  as  there  has  been  a  great  deal  of  incon- 

119 


venience  for  the  passengers  of  the  42d  St.  and  34th  St.  line,  I  am  asked  by  Mr.  H.  H.  Whitman,  who,  I 
believe  is  Associate  Counsel  of  your  Commission,  to  report  just  what  has  happened  to  me  on  the  line 
mentioned. 

On  Saturday,  at  5  P.  M.,  the  writer  boarded  car  1193  at  5th  Ave.  and  42d  St.  The  car  was  marked 
34th  St.  Ferry,  conductor  No.  2090.  When  the  car  reached  the  Grand  Union  Hotel,  the  conductor 
ordered  all  passengers  to  change,  and  notified  them  that  the  car  would  be  switched  back.  The  writer 
made  an  objection  to  the  conductor  and  also  to  the  starter  at  that  point.  The  starter's  reply  was  that 
they  were  going  to  run  the  car  back  regardless  of  the  law.  The  writer  was  changed  to  another  car,  and 
there  met  Mr.   H.  H.  Whitman.     This  is  an  occurrence  that  happens  every  day  on  the  line. 

The  writer  has  several  times  missed  his  train  on  the  Long  Island  road  on  this  account,  and  has 
had  to  wait  half  an  hour  for  the  next  one,  and  would  like  to  hear  from  you  before  carrying  this  matter 
to  the  courts.     I  have  the  names  of  witnesses  who  can  be  called  at  any  time.     *     *     * 

Yours  very  truly, 

(Signed)     HOMER  WISE. 


Mr.  Edward  A.  Maher,  New  York,  April  24th,  '08. 

General  Manager. 
Dear  Sir: 

In  answer  to  letter  under  date  of  April  21st,  '08,  from  the  Public  Service  Commission,  regarding  a 
complaint  of  a  Mr.  Homer  Wise,  who  was  transferred  from  one  car  to  another  at  Depew  Place,  I  beg 
to  state: 

On  Saturday,  April  i8th,  '08,  Run  2762,  Car  2090,  in  charge  of  Conductor  J.  Phair,  No.  1193,  E.  B. 
at  Depew  Place,  Time  5:05  P.  M.,  had  6  minutes  headway,  caused  by  being  delayed  in  42nd  St.  between 
Sixth  Avenue  and  Broadway,  by  a  truck  stalled  on  track. 

Starter  Francis  Smith,  who  is  stationed  at  Depew  Place,  boarded  car  and  asked  passengers  to  take 
car  ahead,  which  was  destined  for  East  34th  St.  ferry,  as  was  car  2090.  All  passengers  done  so,  with 
the  exception  of  Mr.  Homer  Wise,  who  remained  on  car  until  same  reached  Fifth  Avenue,  where  he 
requested  officer  stationed  at  that  point  to  place  conductor  under  arrest,  which  he  refused  to  do.  He 
then  asked  Conductor  J.  Phair,  No.  1193,  for  a  transfer,  which  he  refused  him.     He  then  left  car. 

Starter  Francis  Smith  denies  having  any  conversation  with  a  passenger  regarding  the  switching  back 
of  this  car.  Respectfully, 

A.  SUYDSTRUP, 

Superintendent. 


New  York,  April  29,   1908, 
Homer  Wise,  Esq.,  114  Liberty  St.,  New  York  City: 

My  Dear  Sir: — I  have  received  from  the  Public  Service  Commission  copy  of  your  letter  of 
April  2 1  St.  I  am  very  sorry  that  the  service  on  42nd  Street  seems  to  you  to  be  defective. 
That  is  partly  because  the  number  of  cars  which  we  have  is  insufficient.  Some  time  ago  new 
cars  were  ordered,  to  be  placed  in  service  on  this  Road,  but  none  of  them  have  as  yet  been 
delivered,  although  the  first  delivery  was  promised  the  middle  of  April. 

In  respect  to  the  particular  case  to  which  you  refer,  it  appears  that  the  car  had  been 
stalled  by  a  truck  on  the  track  and  lost  six  minutes  headway  in  consequence  thereof.  In  order 
to  facilitate  the  convenience  of  passengers,  the  starter  at  Depew  Place  boarded  the  car  and  asked 
the  passengers  to  take  the  car  ahead,  all  of  whom  did  so  except  you,  without  complaint,  and  the 
starter  subsequently  denies  having  had  the  conversation  with  you  which  you  report,  and,  if  you 
pardon  my  saying  so,  it  does  appear  to  me  to  be  improbable  that  any  kind  of  an  official  would 
be  likely  to  state  that  he  was  going  to  do  something  "regardless  of  the  law." 

I  also  note  that  you  had  several  times  missed  your  train  upon  the  Long  Island  Road  on 

120 


account  of  something  or  other  which  has  happened  on  the  42nd  Street  Railway.  I  am  very 
sorry  that  you  or  anybody  else  is  inconvenienced  by  this  service.  I  can  only  assure  you  that 
we  are  doing  the  best  we  can  pending  the  arrival  of  the  new  cars  already  ordered. 

Yours  truly, 

Receiver. 


[Copy.] 
THE  ASTORIA  LIGHT,  HEAT  AND  POWER    COMPANY,   ASTORIA,   LONG   ISLAND. 

May  8,  1908. 
Public   Service   Commission, 
154   Nassau   St., 

New   York   City. 
Gentlemen: 

On  the  evening  of  May  6th  at  6.05  or  6.10  P.  M.  a  friend  and  myself  took  Car.  No.  342  on  the 
Third  Avenue  Road,  at  Third  Avenue  &  92nd  St.,  going  north.  It  was  a  closed  car,  and  contained 
approximately  30  or  35  people,  being  comfortably  well  filled.  It  ran  without  any  difficulty  whatever  to 
125th  St.  and  Third  Ave.,  at  which  point  we  were  all  ordered  to  take  the  car  behind,  although  this  car 
had  the  destination  as  Third  &  Amsterdam  Ave.  plainly  marked  on  it.  Four  of  us  refused  to  leave  the 
car,  and  Inspector  No.  2  got  on  the  car  and  informed  us  that  the  car  was  out  of  order  and  was  being  run 
to  the  car  barns.  We  thereupon  stayed  on  the  car  and  were  ridden  into  the  car  stable  by  a  new  crew,  one  of 
which  was  conductor  No.  302.  After  waiting  a  few  moments  we  left  the  building  and  took  another  car. 
The  four  parties  that  stayed  on  the  car  were  the  writer,  Mr.  N.  J.  Sperling,  of  515  W.  134th  St.,  Mr. 
P.  Rice,  of  515  W.  164th  St.  and  L.  Fitzpatrick,  of  43  E.  131st  St. 

It  happens  that  two  of  the  above  parties  are  engineers  and  are  in  charge  of  the  repairs  on  a 
large  Gas  Plant,  including  the  maintenance  of  the  Power  House,  and  are  therefore  more  or  less 
familiar  with  the  electrical  equipment,  and  in  their  judgment  the  car  was  in  perfect  condition.  At  any 
rate,  the  new  crew  ran  it  to  125th  St.  with  the  trolley  rheostat  in  the  full  speed  position. 

An  occasional  instance  of  this  sort  would  not  be  considered  serious,  but  the  continued  re-occur- 
rence of  the  same  thing  has  become  monotonous  to  all  who  travel  on  the  Amsterdam  Avenue  line. 
We  would  all  of  us  be  glad  to  testify  to  the  above  facts  or  do  anything  we  could  to  assist  in  rectifying 
this  abuse. 

Yours  very  truly, 

(Signed)    WESLEY  W.   BURDEN. 


Travis  H.  Whitney,  Esq.,  New  York,  May  14,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  beg  to  acknowledge  receipt  of  yours  of  the  12th  enclosing  a  letter  from  Mr.  Wesley  W. 
Burden,  complaining  that  on  the  6th  of  May  the  passengers  from  a  Third  Avenue  car 
were  compelled  to  transfer,  as  he  thinks,  quite  uselessly,  as  he  judges  that  the  car  was  in  per- 
fect condition.  On  investigation  I  find  that  one  of  the  motors  of  this  car  was  disabled  and 
that  it  ran  into  the  shops  on  one  motor.  If  Mr.  Burden  had  used  his  engineering  skill  a  little 
further,  he  could  easily  have  ascertained  this  fact,  and  you  will  of  course  understand  that, 
while  a  car  might  go  with  one  motor  at  full  speed  for  a  short  distance  with  a  few  people  in 
it,  it  would  not  be  fit  for  service. 

As  to  the  alleged  monotony  of  recurrence  of  these  accidents  on  the  Amsterdam  Avenue 
Line,  the  Commission  already  knows  that  all  of  these  cars  are  in  very  bad  order  and  that  I 

121 


have  done  and  am  doing  everything  I  can  to  replace  them  and  put  those  I  have  in  better  con- 
dition, and  I  expect  to  have  them  in  satisfactory  shape  within  a  few  weeks. 

In  the  meantime,  I  shall  be  very  much  obliged  if  the  Commission  and  their  complainants 
would  practice  some  of  the  patience  which  I  am  compelled  to  use. 

Yours  very  truly, 

Copy  sent  to  Wesley  W.  Burden,  Astoria,  L.  I.  Receiver. 

Third  Avenue   Railroad  Co.,  May   i6th,    1908. 

65th    Street    and    3rd    Avenue, 
New  York  City. 
Attention  Mr.  F.  W.  Whitridge,  Receiver: 
Dear  Sir: 

I  beg  to  acknowledge  receipt  of  copy  of  the  communication  which  you  sent  to  the  Secretary  of  the 
Public  Service  Commission,  regarding  my  complaint  of  the  12th  inst.,  in  the  matter  of  being  transferred 
from  one  Third  Avenue  car  to  another  at  i2Sth  Street. 

You  say  in  your  letter  that  if  I  had  used  my  engineering  skill  a  little  further  I  could  have  easily  ascer- 
tained the  fact  that  one  of  the  motors  on  this  car  was  burnt  out.  However,  would  advise  that  this  is  not 
the  case,  but  rather  with  one  motor  out  of  order,  the  car  when  run  at  full  speed  would  start  slowly  and 
with  more  difficulty  and  would  not  travel  at  the  same  rate  of  speed  that  it  would  with  two  motors,  which 
would  be  readily  recognizable ;  the  fact  that  this  was  not  noticed  leads  me  to  the  conclusion  that  the  report 
which  you  have  received  was  probably  an  incorrect  one. 

I  think  I  may  supply  an  excuse  for  you.  There  were  three  or  four  Amsterdam  Avenue  cars  in  a 
row,  and  the  all-wise  Inspector  at  the  intersection  of  125th  St.  and  Third  Avenue  decided  that  it  would  be 
more  economical  to  the  Third  Avenue  Railroad  Co.  to  run  three  of  these  cars  to  the  terminal  of  the  Am- 
sterdam Avenue  line  than  four.     I  have  forwarded  a  copy  of  this  letter  to  the  Public  Service  Commission. 

Yours  very  truly, 

WESLEY  W.  BURDEN. 

Wesley  W.  Burden,  Esq.,  New  York,  May  19,  1908. 

The  Astoria  Light,  Heat  &  Power  Company, 
Astoria,  Long  Island. 
Dear  Sir: 

I  have  yours  of  the  i6th  replying  to  mine  of  the  12th.  As  you  did  not  follow  the  car  of 
which  you  speak  into  the  shop  and  examine  the  motor,  it  seems  to  me  that  I  am  bound  to 
accept  the  report  of  my  employees,  who  tell  me  that  the  motor  was  out  of  order  and  that  it 
was  repaired  the  following  day.  I  think  you  must  agree  that,  as  you  did  not  examine  the  motor 
yourself  and  can  only  give  me  an  expert  opinion,  I  am  bound  to  take  this  course. 

Yours  truly. 

Receiver. 

[Copy.] 

WM.  H.  DAVIS  &  SON, 

Church  Organs, 

660  East  151st  Street, 

Public  Service  Com.  New  York,  May  9,  1908. 

Gentlemen : 

We  have  a  serious  complaint  to  make  against  the  Union  Railway  on  its  transfer  system.  To-day  we 
took  a  car  on  the  Webster  Ave.  line  which   runs  from  the  subway  at  149th  St.  to  233rd  St.  and  rode  to 

12a 


the  terminal  at  233rd  St.  and  was  given  a  transfer  north.  The  next  car  was  a  New  Rochelle  car  and  when 
we  entered  it  they  refused  to  acknowledge  the  transfer  and  informed  us  we  would  have  to  take  another  car 
to  5th  Ave.  Mount  Vernon  and  then  board  the  same  car  and  the  transfer  was  good,  but  when  we  insisted 
that  it  was  good  north  they  admitted  it  was  but  we  could  not  transfer  at  that  particular  point,  as  it  was  not 
mentioned  on  the  transfer  they  had  handed  us.  They  threatened  to  eject  us,  but  did  not  attempt  it,  but 
contented  themselves  with  holding  car  at  a  standstill  until  we  paid  an  extra  fare.  Would  like  to  know  if 
they  have  the  right  to  refuse  to  accept  transfers  at  that  point  or  whether  double  fare  must  be  paid  or  not. 
We  enclose  you  the  transfer  and  conductor's   No.,  1026,  taken  about  9  a.  m..  May  9,  1908. 

Yours   respectfully, 

(Signed)     WM.  H.  DAVIS  &  SON. 


Travis  H.  Whitney,  Esq.,  New  York,  May  14,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  yours  of  the  13th  enclosing  communication  from  William  H.  Davis  &  Son  in  respect 
to  a  refusal  on  a  New  Rochelle  car  to  acknowledge  the  transfer  which  they  had  received  from  a 
Union  Railway  car,  and  in  reply  thereto  I  beg  to  say  that  the  New  Rochelle  car  is  under  the  juris- 
diction of  Mr.  J.  Addison  Young,  who  is  the  Receiver  of  the  Westchester  Electric  Railroad  Com- 
pany, and  the  complaint  should  be  addressed  to  him. 

Yours  very  truly, 
Copy  sent  to  Wm.  H.  Davis  &  Son,  Receiver. 

660  East  151  St.,  City. 

Tremont    Taxpayers'    Ass'n, 

Masonic  Temple  Building, 

New  York  City,  May  25,   1908. 
Public    Service   Commission. 

Gentlemen: 

This  Association  asks  your  Commission  to  give  the  residents  of  Tremont  a  most  needed  improvement 
in  the  Trolley  car  service  on  Tremont  Ave.  The  Union  Railway  Co.  used  to  run  cars  across  3rd  Ave.,  but 
for  the  past  few  years  they  have  only  run  to  3rd  Ave.,  compelling  the  passengers  to  get  out  on  one  side  of 
3rd  Ave.  and  walk  across  3rd  Ave.  and  wait  for  20  minutes  or  more  for  another  car  to  finish  their  journey. 
Our  Governor  has  promised  us  these  improvements,  and  as  your  Commission  represents  the  Governor  in 
these  matters,  we  take  this  means  of  notifying  you. 

Hoping  you  will  take  action  in  this  matter,  and  awaiting  your  reply. 

We  remain  >'ours, 
(Signed)    TREMONT  TAXPAYERS'  ASSOCIATION. 

H.  A.  Rappolt,  Secty. 

Frederick  W.   Whitridge,   Esq.,  New   York,   June   10,    1908. 

Receiver,   Union    Ry.    Co., 

65th    Street    &    Third    Ave., 
New   York   City. 
I  beg  to  call  your  attention  to  the  fact  that  no  reply  has  as  yet  been  received  to  communication  of  the 
27th   ult.  transmitting  a   copy  of  the   complaint   of  the    Tremont    Taxpayers'    Association    of    Washington 
Avenue,  Borough  of  the  Bronx,  with  respect  to  inadequate  service   on   Tremont  Avenue. 
Please    give    this    matter    your    attention. 

Yours  very  truly, 
EMR/DMQ  TRAVIS  H.  WHITNEY, 

C-2009  Secretary. 

123 


Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  loth  and  have  to  beg  your  pardon  for  having  apparently  neglected 
your  letter  of  May  25th,  enclosing  letter  from  the  Tremont  Taxpayers'  Association.  As  a  matter 
of  fact,  I  had  handed  that  to  some  of  the  Union  Railway  officials,  who  supposed  that  the  com- 
plaint had  been  disposed  of  through  a  conversation  with  Mr.  Eustis  some  time  ago,  so  the  matter 
has  apparently  been  neglected. 

It  is  now  before  me  again,  and  if  you  will  be  good  enough  to  give  me  a  few  days'  more  time 
in  which  to  make  a  reply,  I  will  have  a  full  report  made  on  the  situation  and  communicate  with 

you  as  soon  as  possible. 

Yours  very  truly, 

Receiver. 


WILLIAM  T.  MEREDITH  &  CO., 

15  Wall  Street, 
New    York,   July   2nd,    1908. 
William   R.   Willcox,   Esq., 

Chairman   Public   Service   Com., 
154   Nassau   Street,   City. 

Dear   Sir: 

I  write  to  ask  you  to  be  so  kind  as  look  into  the  following,  but  should  you  not  be  the  proper  official  to 
write  to  please  let  me  know  to  whom  I  should  write  to. 

I  have  been  living  in  the  Rockingham,  corner  of  Broadway  and  56th  Street  for  a  little  over  a  month, 
and  I  and  my  family  are  greatly  troubled  by  the  noise  caused  by  the  street  cars.  The  noise  is  caused  by 
the  cars  taking  the  slight  curve  at  this  point  too  fast.  Should  they  run  at  a  little  slower  rate,  as  they 
once  and  a  while  do,  they  would  make  very  little  noise.  Thanking  you  in  advance  for  your  courtesy  in  this 
matter, 

I  remain, 

Yours  truly, 

(Signed)    JOSEPH  D.  MEREDITH. 


New  York,  July  6th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  your  letter  of  the  3rd  instant  enclosing  complaint  of  Mr.  Joseph  D.   Meredith   in 

respect  to  the  noise  on  the  Broadway  cars.     I  have  ordered  that  the  cars  be  directed  to  slow 

down  at  the  curve  of  which  Mr.  Meredith  speaks. 

Yours  truly. 

Receiver. 
124 


HENRY    J.    DAVISON, 

SO   Broadway, 

New   York, 
The   Public   Service   Commission,  July   2,    1908. 

Tribune    Building, 
New   York   City. 
Gentlemen : 

I  reside  at  2787  Broadway,  where  there  is  a  sharp  curve  on  the  Broadway  tracks.  The  house  is  situ- 
ated between  107th  and  108th  Streets.  I  have  lived  in  all  parts  of  the  world  and  heard  all  kinds  of  noises; 
but  for  sheer  devilishness,  in  character,  extent  and  persistence,  the  noise  of  the  Broadway  trolley  as  it  strikes 
the  curve,  especially  on  the  downtown  track,  excels  anything  in  my  experience.  It  is  worse  after  12  P.  M. 
than  any  other  time,  as  the  cars  evidently  run  on  long  headway  and  high  speed,  and  do  not  slow  up  for  this 
corner.  The  noise  is  bad  enough  when  the  cars  go  round  the  curve  at  slow  speed.  It  would  seem  that  all 
the  broken  glass  in  the  universe  had  been  shattered  at  that  particular  spot,  and  it  lifts  one  fairly  out  of  bed 
any  time  and  all  times  between  two  and  six  in  the  morning.  It  is  an  outrage,  and  should  not  be  tolerated. 
If  companies'  legal  position  and  finances  are  such  that  you  cannot  compel  the  relaying  of  the  tracks,  I  hope 
that  you  can  issue  an  order  to  compel  the  motorman  to  slow  up  .almost  to  a  walk  in  taking  this  curve.  I 
know  that  others  in  the  house  have  complained  of  this.  Sleep  is  impossible,  and  the  condition  is  intolerable, 
and  I  wish  to  add  my  voice  of  protest  and  ask  that  the  matter  receive  your  prompt  and  vigorous  attention. 

Respectfully  yours, 

(Signed)     HENRY   J.   DAVISON. 
P.  S. — I  had  little  or  no  sleep  last  night. 

Travis  H.  Whitney,  Esq.,  New  York,  July  6th,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir: 

I  have  yours  of  the  3rd  enclosing  Mr.  Henry  J.  Davison's  letter  of  the  2nd,  complaining 
of  the  noise  of  the  Broadway  trolley,  which  he  thinks  "in  character,  extent  and  persistence  of 
sheer  devilishness,  excels  anything  in  his  experience." 

I  have  directed  that  the  conductors  should  be  careful  in  going  around  these  curves,  so  as 
to  make  as  little  noise  as  possible,  but  I  suggest  that  the  trouble  is  not  solely  with  the  cars  but 
with  the  thermometer  and  the  general  disintegration  of  morale  produced  by  long  continued  heat. 
I  notice  Mr,  Davison's  pitiful  postscript,  "I  had  little  or  no  sleep  last  night,"  and  I  am  able  to 
sympathize  with  him  about  that,  because  I  myself  had  little  or  no  sleep  last  night,  or  the  night 
before  that;  but  the  trouble  with  me  is  not  trolley  cars,  but  people  in  the  streets,  indigestion, 
and  stray  cats,  and  I  venture  to  suggest  to  Mr.  Davison  a  little  more  patience. 

Yours  truly, 

Receiver. 


HENRY  J.  DAVISON, 
so  Broadway, 
New  York. 
Travis  H.  Whitney,  Esq.,  July   isth,   1908. 

Secretary,  Public  Service  Commission, 
IS4  Nassau   Street,   New  York  City. 
Dear    Sir: 

I  beg  to  acknowledge  the  receipt  with  thanks  of  your  esteemed   favors  and   enclosures   under   date   of 
July  3rd  and  6th  respectively. 

125 


I  received  from  the  Receiver  of  the  Third  Avenue  Railroad,  in  re  my  complaint  of  the  noise  of  the  cars 
at  107th  Street  and  Broadway  DOWN  TRACK,  a  copy  of  his  would-be  humorous  letter,  under  date  of  July 
6th.  It  is  apparent  that  the  Receiver  of  the  road  on  this  well-known  highway  in  Greater  New  York  takes 
the  role  of  buffoon  with  cap  and  bells.  He  suggests  that  the  trouble  is  not  with  the  cars  but  with  my  de- 
moralized condition  due  to  the  heat,  people  on  the  streets,  indigestion,  and  stray  cats.  I  know  not  how 
to  argue  with  a  fool  in  his  folly.  It  is  not  due  to  my  demoralized  condition  and  the  loss  of  sleep,  for  I  am 
thankful  to  say  I  spend  four  nights  a  week  away  at  my  country  home  on  the  Sound.  I  weigh  240  pounds, 
and,  what  is  more  to  the  point,  I  did  not  complain  of  the  noise  on  the  up  track.  The  trouble  is  not  due  to 
the  people  on  the  streets,  for  after  one  P.  M.,  when  most  of  the  noise  is  heard,,  that  part  of  New  York  is 
even  more  quiet  than  the  country,  for  it  lacks  croaking  frogs,  baying  dogs  and  errant  roosters.  Nor  is  the 
noise  due  to  stray  cats.  I  have  lived  in  New  York  for  30  years,  and  would  not  see  nor  hear  at  night  a 
dozen  cats.  I  am  glad  that  Mr.  Whitridge  has  instructed  his  conductors  to  go  round  the  curve  slowly.  He  is 
a  man  of  such  seriousness  and  dignity  that  his  conductors  evidently  take  him  as  a  joke.  Possibly  one  out  of 
ten  I  notice  does  go  slowly ;  the  others  have  paid  no  attention  to  the  order.  If  the  funds  under  your  con- 
trol do  not  permit  of  the  expense  of  a  man  watching  some  night  from  eleven  until  four,  I  shall  be  glad  to 
have  you  employ  him  at  my  expense.  Whatever  orders  may  be  carried  out  in  the  day  are  entirely  for- 
gotten at  night,  the  very  time  when  the  trouble  is  most  annoying.  When  the  truthfulness  of  my  assertion 
can  be  so  easily  and  practically  proved,  a  warfare  of  correspondence  and  bombardment  of  letters  seems  like 
a  waste  of  time  and  good  paper,  and  smacks  of  opera  bouffe.  While  this  noise  is  very  annoying  to  me,  I 
have  entered  into  this  correspondence  more  in  a  spirit  of  pro  bono  publico,  than  for  any  other  motive.  But 
from  Mr.  Whitridge's  attitude  it  would  seem  as  though  I  were  kicking  against  the  pricks. 

I  thank  you  for  your  attention  to  the  matter,  and  hope  you  may  be  able  to  accomplish  something. 

Respectfully  yours, 

(Signed)     HENRY   J.    DAVISON. 


New  York,  July  20,  1908. 
Mr,  Henry  J.  Davison, 

50  Broadway,  New  York  City. 

Dear  Sir: 

I  enclose  herewith  copy  of  my  rejoinder  to  your  letter  of  the  15th  addressed  to  Mr.  Whit- 
ney. If  the  difficulties  which  you  find  so  serious,  as  the  noise  created  by  the  Broadway  cars,  are 
not  remedied,  I  should  be  obliged  if  you  would  communicate  with  me  directly.  I  have  every 
desire  in  the  world  to  remedy  any  evil  which  is  in  my  power,  and  it  is  a  useless  waste  of  time 
for  you  to  ask  the  Public  Service  Commission  to  request  me  to  do  something  I  am  ready  to  do 

on  your  request. 

Yours  very  truly, 


Enclosure 


Receiver. 


New  York,  July  20,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  Dear  Sir: 

I  have  yours  of  the  17th  enclosing  Mr.  Davison's  reply  to  my  letter  to  you.  I  am  very 
sorry  that  he  is  so  cross  about  the  service  of  the  Broadway  cars.  I  had  no  idea  of  attributing  to 
him  loss  of  sleep  from  anything  except  what  he  said  he  lost  it  for.     It  was  a  particularly  torrid 

126 


period,  and  while  he  was  troubled  with  the  noise  of  the  cars,  I  wanted  him  to  know  that  other 

people  were  troubled  with  other  things  just  as  bad,  and  I  cited  my  own  case  of  loss  of  two  or 

three  nights'  sleep,  from  indigestion,  cats  and  crowds,  merely  in  order  that  he  might  see  that 

all  of  us  had  our  troubles. 

Yours  truly. 

Receiver. 

New  York,  July  7,  1908. 
Frederick    W.    Whitridge,    Esq., 

Receiver,  Third  Avenue  Railroad  Company, 
6sth   Street  and  Third  Avenue, 
New  York  City. 
Dear   Sir: 

I  beg  to  call  your  attention  to  a  complaint  from  J.  E.  Price,  Pastor  of  the  Washington  Heights  Metho- 
dist Episcopal  Church,  situated  at  the  corner  of  iS3d  Street  and  Amsterdam  Avenue,  with  reference  to  the 
noise  produced  by  the  operation  of  cars  upon  Amsterdam  Avenue  between   iS2d  and  154th  Streets. 

From  investigation,  it  appears  that  the  primary  cause  of  the  complaint  is  the  poor  condition  of  the 
track.    I  quote  from  the  report  of  the  Electrical  Engineer : 

"Beginning  at  a  point  about  50  feet  south  of  the  Washington  Heights  Methodist  Episcipal  Church  and 
extending  north  about  100  feet,  the  rails  of  the  northbound  track  are  badly  corrugated,  and  on  the  south- 
bound track  corrugations  exist  on  both  rails,  beginning  on  154th  Street  and  extending  south  about  100  feet 

and  from  a  point  about  30  feet  south  of  the  church  extending  south  for  about  the  same  distance From 

153d  Street  northerly  to  154th  Street  the  tracks  are  on  an  upgrade  of  from  i  to  2  per  cent.,  and  the  cars  pass- 
ing over  these  portions  of  the  corrugated  rails  cause  excessive  noise,  more  especially  the  southbound  cars, 
which  attain   considerable  speed  on  the  downgrade." 

It  appears  that  the  only  relief  to  be  obtained  from  this  undesirable  and  unnecessarily  noisy  condition  is 
the  renewal  of  the  corrugated  rails,  as  corrugations,  once   started,   will  continue  to  increase. 

Please  inform  the  Commission,  at  your  early  convenience,  as  to  what  the  Third  Avenue  Railroad  Com- 
pany can   do  to   remedy  the  conditions  above   indicated  and  by  what  time  such  work  may  be  done. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
EMR/TM  Secretary. 


New  York,  July  8,    1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  yours  of  the  7th  instant.  In  reply  thereto  I  refer  you  to  the  third  paragraph  of 
my  report  to  the  Bondholders'  Committee  of  the  9th  of  May,  of  which  I  believe  you  have  a  copy 
on  file  at  your  office.  I  believe  that  the  particular  portion  of  the  Amsterdam  Avenue  track  re- 
ferred to  by  Reverend  J.  E.  Price,  is  covered  by  that  paragraph.  Of  course  the  rails  ought  to 
be  renewed.  Ten  thousand  other  things  ought  to  be  done  and  are  being  done  as  expeditiously  as 
they  can  be  done.    When  they  will  be  completed  I  do  not  know,  and  I  decline  to  commit  myself 

to  any  statement  in  respect  thereto. 

Yours  truly, 

Receiver. 

127 


Public  Service  Commission,  New  York,  N.   Y.,  July   i8,   1908. 

Travis  H.  Whitney,  Secretary, 

154   Nassau    St.,   New    York. 
Dear   Sir : 

In  reply  to  yours  of  the  15th  inst.  relative  to  my  complaint  of  the  nth  instant,  I  beg  to  inform  you  that 
on  the  7th  inst,  accompanied  by  my  wife  and  child,  I  hailed  car  No.  573,  which  left  the  Bronx  Park  Station 
of  the  elevated  railroad  at  5.58  P.  M.,  when  that  car  was  fully  a  thousand  feet  from  that  station,  en  route 
to  Mt.  Vernon.     Both  the  motorman  and  conductor  saw  my  signals,  but  paid  no  attention  to  them. 

Being  desirous  of  reaching  home  as  early  as  possible,  more  particularly  on  account  of  a  threatened  down- 
pour of  rain,  I  ran  after  the  car  and  overtook  it  at  the  above-mentioned  station.  I  informed  both  the  motor- 
man  and  conductor  that  having  failed  to  stop  when  signalled  I  desired  them  to  wait  for  my  wife  and  child, 
who  were  rapidly  approaching;  both  refused  to  wait,  making  reply,  "I  am  running  this  car."  I  then  in- 
formed them  I  should  report  the  matter,  whereupon  the  motorman  replied,  "Report  and  be  -." 

I  could  not  see  that  either  man  displayed  a  number,  and  therefore  cannot  enlighten  you  in  this  respect. 

I  regret  exceedingly  not  having  made  a  memorandum  of  similar  treatment  during  the  past  six  months, 
but  I  can  state  that  on  several  occasions  both  my  wife  and  myself  have  suffered  insolence  at  the  hands  of 
conductors,  one  instance  in  particular  being  that  of  a  conductor  who  placed  his  hands  on  Mrs.  Rostock,  and 
in  addition  to  shoving  her  along  in  a  very  crowded  car,  roughly  ordered  her  to  move  forward.  Mrs. 
Rostock  on  that  occasion  did  not  have  the  protection  of  a  male  escort,  and  I  understand  some  of  the  con- 
ductors are  especially  rude  when  such   is  the  case. 

I  would  have  made  prompt  reply  to  your  letter  but  did  not  have  the  time  for  this  purpose  at  my 
disposal  until  to-day. 

I  thank  you  for  your  kind  attention  in  this  matter,  and  would  suggest  that  it  appears  to  me  a  good 
plan  to  have  complaint  cards  printed  and  placed  where  passengers  can  secure  them.  Much  information,  I 
have  no  doubt,  valuable  to  the  Commission  fails  to  reach  that  body  because  of  ignorance  as  to  how  to  proceed. 

Yours  very  truly, 
.;  (Signed)     J.  H.  ROSTOCK, 

Room  F,  7  Army  Building. 

Travis  H.  Whitney,  Esq.,  New  York,  July  22,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir: 

I  have  yours  of  the  21st,  enclosing  Mr.  Rostock's  letter.  Of  course  the  matter  which  he 
complains  of — if,  as  I  suppose,  he  states  the  facts  exactly — is  outrageous  and  I  will  do  my  very 
best  to  have  the  thing  investigated  and  the  persons  who  are  guilty  punished. 

It  is  very  difficult  to  deal  with  complaints  of  this  character,  unless  we  know  the  numbers 
of  the  motormen  and  conductors  in  fault,  but  as  Mr.  Rostock  seems  to  be  sure  of  the  number  of 
the  car,  I  think  we  ought  to  be  able  to  trace  the  people  in  this  instance. 

Yours  truly. 

Receiver. 

« 

J.  H.  Rostock,  Esq.,  New  York,  July  22,  1908. 

-   Room  F  7,  Army  Building, 
New  York  City. 
Dear  Sir: 

The  Public  Service  Commission  has  sent  me  your  letter  of  the  18th  instant,  and  I  enclose 
a  copy  of  my  reply  to  them.     In  addition  to  that  I  dfesire  you  to  understand  that  it  is  the  earnest 

128 


wish  of  this  management  to  correct  all  such  abuses  as  that  of  which  you  complain,  and  you  can 

depend  upon  us  to  do  everything  in  our  power  to  see  that  they  are  stopped  and  the  perpetrators 

of  them  punished. 

I  venture  also  to  suggest  that  a  direct  complaint  to  me  saves  me  the  trouble  of  writing  two 

letters  instead  of  one,  and  is  equally  effective. 

Yours  very  truly, 

Enclosure:  i.  Receiver. 

F.  W.   Whitridge,   Esq.,  New  York,  August  4,  1908. 

Receiver,   Third   Ave.    RR.    Co., 

65th  St.  &  Third  Ave.,  N.  Y.  C. 
Dear  Sir: 

On  July  2ist  a  letter  received  by  this  Commission  from  J.  H.  Rostock,  complaining  of  insolent 
conduct  on  the  part  of  conductors  and  motormen  on  Mt.  Vernon  cars,  was  transmitted  to  you  with  the 
request  that  you  reply  thereto  by  August  1st. 

On  July  22nd  you  notified  this  Commission  that  the  matter  would  be  investigated,  but  since  that 
time  no  further  communication  has  been  received  from  you. 

Your  early  attention  to  this  matter  will  be  appreciated. 

Yours  very  truly, 

CD/DMQ  TRAVIS    H.    WHITNEY, 

C-2209  Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  August  6,  1908. 

Secretary,  Public  Service  Commission,  ^, 

154  Nassau  Street,  City. 
Dear  Sir: 

I  beg  leave  to  acknowledge  your  letter  of  August  4th.  On  July  22nd  I  sent  Mr.  Ros- 
tock's letter  with  instructions  to  have  the  matter  investigated  and  the'motorman  and  conductor 
who  were  at  fault  disciplined.  Papers  have  not  yet  been  returned,  but  I  learn  by  telephone  that 
the  conductor  and  motorman  have  been  reprimanded.     Upon  receipt  of  the  papers  I  will  write 

you  further. 

Yours  truly, 

RWK./F.  Assistant  to  Receiver. 


Travis  H.  Whitney,  Esq.,  August  8th,  1908. 

Secretary,  Public   Service  Commission, 

154  Nassau  Street,  New  York. 

Dear  Sir : 

Replying  to  your  letter  of  August  4th,  and  in  supplement  to   Mr.   Whitridge's  letter  of 

July  22nd,  I  enclose  copy  of  letter  this  day  written  to  Mr.  J.  H.  Rostock,  and  also  copy  of  the 

statement  of  the  motorman. 

Yours  truly, 

RWK./Q.  Assistant  to  the  Receiver, 

Enclo.  2. 

129 


Mr.  J.  H.  Rostock,  August  8th,  1908. 

Room  F-7,  Army  Building, 
New  York  City. 
Dear  Sir: 

Referring  to  your  favor  of  July  18th.  Papers  on  investigation  have  just  been  received  by 
me.  I  enclose  herewith  copy  of  statement  of  the  motorman.  He  will  be  ordered  to  call  and  see 
you.  Yours  truly, 

RWK/Q  Assistant  to  the  Receiver. 

Enclo. 


New  York,  July  29th,  1908. 

I  am  the  motorman  referred  to  in  said  complaint  of  the  Public  Service  Commission,  dated  July 
l8th,  the  incident  occurring  on  July  7th. 

The  first  I  observed  of  this  gentleman  was  when  he  crossed  the  south  bound  car,  I  was  going 
north  within  ten  feet  of  the  south  bound  car.  He  signalled  for  me  to  stop;  but  it  was  impossible  for 
me  to  stop,  in  that  length  of  time  so  I  went  right  along  to  Bedford  Park,  a  distance  of  about  three 
hundred  feet. 

The  gentleman  approached  me  and  threatened  me  with  a  complaint  if  I  did  not  wait  for  him,  his 
wife  and  child;  I  told  the  gentleman  that  he  was  unreasonable,  that  I  could  not  hold  up  the  railroad 
at  the  present  time.     I  received  two  bells  to  go  ahead  and  went  along  to  Mount  Vernon. 

I  saw  no  wife  or  child  with  this  gentleman. 

Yours  respectfully, 

EDWARD  PINE. 
Memo.   Re-Complaint  of  J.   H.   Rostock. 


Frederick  W.  Whitridge,   Esq.,  Receiver,  New  York,  July  21,   1908. 

Third  Avenue  Railroad  Co., 

6sth   Street  and  Third   Avenue, 
New  York  City. 
Dear  Sir: 

At  9  A.  M.  this  morning,  the  21st  inst.,  this  office  was  informed  of  a  collision  which  occurred  at 
59th  Street  and  Third  Avenue  between  a  car  of  the  New  York  City  Railroad  Company,  Sixth  Division, 
and  a  Third  Avenue  car.  The  collision  is  said  to  have  occurred  at  12.14  A.  M.,  July  21st,  and  a  con- 
siderable  delay  followed. 

This  accident  appears  to  have  been  of  some  seriousness,  and  as  it  has  not  yet  been  reported  by 
the  Third  Avenue  Railroad  Company,  I  have  to  request  that  you  kindly  cause  report  to  be  made. 

Very  truly  yours, 
GFD/CWT  TRAVIS  H.  WHITNEY, 

Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  July  22,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  21st.    I  am  sorry  there  was  a  delay  in  reporting  the  condition  at  59th 
Street  and  Third  Avenue,  but  I  understand  that  the  report  reached  you  shortly  after  noon,  and 

130 


the  explanation  of  the  delay  is  that  our  people  were  so  bedevilled  by  four  or  five  shyster  lawyers 
who  appeared  on  the  scene  for  the  purpose  of  picking  up  cases,  before  and  after  they  got  there, 
that  they  were  diverted  from  the  main  purpose  of  their  duties,  which  is,  as  I  understand,  to 
keep  the  Public  Service  Commission  informed  of  what  occurs. 

Yours  very  truly. 

Receiver. 


-     1      •  July  30th,  1908. 

Public  Service  Commission, 
154  Nassau  St.,  City. 

Gentlemen: 

Will  you  kindly  investigate  and  advise  me  as  to  why  the  cars  of  the  Third  Avenue  Railroad  Co. 
are  not  allowed,  according  to  new  rule,  to  make  a  stop  in  front  of  the  Grand  Central  Station,  that 
is  to  say  at  a  point  approximating  or  coincident  with  the  northwest  corner  of  Fourth  Avenue  and 
42nd  Street?  West-bound  cars  do  not  stop  until  they  reach  the  northwest  corner  of  Vanderbilt 
Avenue  and  42nd  Street.  As  the  Grand  Central  Station  is  such  a  notable  point  of  heavy  traffic,  it 
seems  as  if  the  inconvenience  to  passengers  resulting  from  the  arrangement  referred  to  might  very 
appropriately  be   made  the   subject  of  an   investigation  by  one  of  your  representatives. 

Hoping  that  you  will  have  the  matter  looked  into,  and  a  remedy  applied  if  desirable,  I  remain. 

Yours  truly, 
(Signed)     F.  W.  SAWARD, 

General   Manager. 


New  York,  August  ist,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  July  31st,  enclosing  letter  of  Mr.  F.  W.  Saward,  and  in  reply  thereto  I 
beg  to  say  that  the  cars  of  the  Third  Avenue  Railroad  do  not  stop  in  front  of  the  Grand  Cen- 
tral Station,  because  it  was  thought  by  the  receivers  of  the  New  York  City  Railway  and  by  my- 
self that,  as  the  westbound  cars  of  the  Third  Avenue  were  obliged  to  stop  in  front  of  the  portion 
of  the  Grand  Central  Station  out  of  which  passengers  usually  come,  in  order  to  allow  the  4th 
Avenue  cars  to  turn  from  4th  Avenue  into  42nd  Street — that  is  to  say,  the  42nd  Street  cars 
stop  just  east  of  the  mouth  of  the  4th  Avenue  tunnel — it  would  be  a  very  small  hardship  for 
the  persons  who  wished  to  take  those  cars  to  walk  from  the  exit  of  the  Grand  Central  Station 
either  to  a  point  where  the  cars  now  stop — east  of  the  mouth  of  the  4th  Avenue  tunnel  as 
aforesaid — or  practically  across  Vanderbilt  Avenue  to  the  point  where  they  now  stop  on  42nd 
Street,  just  west  of  Vanderbilt  Avenue.  By  so  doing,  all  the  westbound  cars  on  42nd  Street 
and  the  4th  Avenue  cars  save  an  appreciable  amount  of  time,  and  we  do  not  think  that  the 
public  is  inconvenienced,  except  by  being  obliged  to  walk  across  the  street  to  take  the  cars. 

I  should  be  glad  to  hear  whether  Mr.  Saward  will  examine  the  thing  himself,  and  see  if 
he  does  not  think  this  is  a  desirable  course,  to  pursue  in  the  public  interest.     My  conclusion  is 

131 


that  it  saves  a  good  many  minutes  for  the  public,  both  on  the  42nd  Street  and  the  4th  Avenue 
Lines. 

Yours  truly, 

Receiver. 


New   York,   August   5th,   1908. 
Frederick   W.   Whitridge,   Esq., 

Receiver,   Third   Avenue   Railroad   Co., 
6sth  St,  &  3d  Ave.,  New  York  City. 

Dear  Sir: 

Referring  to  the  matter  of  the  stopping  of  the  Third  Avenue  cars  stopping  in  front  of  the  Grand 
Central  Station,  brought  up  by  F.  E.  Saward,  I  am  in  receipt  of  a  communication  from  him  in  which  he 
states  that  since  receiving  a  copy  of  your  communication  to  him  he  has  spoken  to  you  over  the  telephone 
and  you  agreed  that  the  matter  would  be  satisfactorily  adjusted  if  a  proper  sign  should  be  placed  in  front 
of  the  Grand  Central   Station,  giving  notice  as  to  stopping  point  or  points  of  the  cars. 

Is  it  possible  to  arrange  promptly  the  placing  of  such  a  sign? 

Very   truly    yours, 

TRAVIS    H.    WHITNEY, 
THW/EH  Secretary. 


New  York,  August  7,   1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  City. 

Dear  Sir : 

I  have  your  letter  of  the  5th  instant.     The  sign  is  now  being  prepared,  to  be  placed  in 

front  of  the  42nd  Street  Station. 

Yours  truly, 

RWK./F.  -  Assistant  to  Receiver. 


New    York,    October    i,    1908. 
Frederick  W.   Whitridge,   Esq., 

Receiver,  Third  Avenue  RR.  Co.,  - 

65th  Street  &  Third  Avenue, 
New   York  City. 
Dear  Sir: 

I  beg  to  call  your  attention  to  a  communication  under  date  of  August  7th  addressed  to  the  Commission 
by  R.  W.  Kelley,  Assistant  to  the  Receiver,  in  the  matter  of  the  complaint  of  F.  W.  Saward  with  reference 
to  a  sign  to  be  placed  in  connection  with  the  operation  of  surface  cars  in  the  neighborhood  of  the  Grand 
Central  Station  indicating  at  what  point  the  cars  are  permitted  to  stop. 

The  placing  of  this  sign   was  promised  in  the  communication  above  mentioned. 
Please  inform  the  Commission  by  October  8th  when  such  sign  may  be  in  position. 

Yours    very    truly, 

TRAVIS  H.  WHITNEY, 

Secretary. 
EMR/DMQ 

132 


Travis  H.  Whitney,  Esq.,  New  York,  October  2nd,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 
Dear  Sir: 

I  have  yours  of  the  ist  in  respect  to  the  matter  of  the  complaint  of  F.  W.  Saward,  about 
the  sign  to  be  placed  in  connection  with  the  operation  of  surface  cars  from  Grand  Central .  Sta- 
tion. According  to  Mr.  Kelley's  promise,  that  sign  was  prepared,  but  the  Grand  Central  peo- 
ple have  refused  us  permission  to  put  it  up.  Under  these  circumstances,  I  do  not  see  what  we 
can  do  about  it.    I  shall  be  very  glad  of  any  suggestion  you  can  make  in  the  premises. 

Yours  truly. 

Receiver. 


Frederick   W.   Whitridge,   Esq.,  New  York,  October  15,  1908. 

Receiver, 

Third  Avenue  Railroad   Co., 
6sth    Street   &   Third   Ave., 
New   York   City. 
Dear   Sir: 

Again  referring  to  the  correspondence  had  with  you  in  the  matter  of  placing  a  sign  in  front  of  the 
Grand  Central  Station  to  indicate  where  cars  of  the  Third  Avenue  Railroad  stop,  I  beg  to  say  that  the  Com- 
mission has  received  a  communication  from  the  General  Attorney  of  the  New  York  Central  &  Hudson 
River  Railroad  Company,  under  date  of  October  14th,  to  the  effect  that  he  has  taken  up  the  matter  with  Mr. 
Whaley,  the  General  Superintendent  of  the  Electric  Division,  who  suggests  that  he  would  be  glad  to  con- 
fer with  your  representative  in  respect  thereto. 

The  General  Attorney  expresses  his  belief  that  there  will  be  no  difficulty  in  securing  permission  to  place 
in  proper  position  a   well   constructed  sign. 

Yours  very  truly, 
EMR/DMQ  TRAVIS    H.   WHITNEY, 

C-2303  Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  October  i6th,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir: 

I  have  yours  of  the  i6th,  and  I  will  communicate    with  the  General  Attorney  of  the  New 
York  Central  in  respect  to  the  matter  of  which  you  write. 

Yours  truly, 

Receiver, 


Travis  H.  Whitney,  Esq.,  New  York,  October  21st,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  St.,  City. 
Dear  Sir: 

Replying  further  to  your  letter  of  October  15th  in  reference  to  placing  a  sign  in  front 
of  the  Grand  Central  Station,  I  have  seen  Mr.  Whaley,  General  Superintendent  of  the  Electric 

133 


Division  of  the  New  York  Central  Railway,  and  he  says  that  he  would  be  glad  to  confer  with 
your  representative  in  respect  thereto. 

I  have  done  what  I  could  in  this  matter,  and  must  let  you  and  Mr.  Whaley  settle  it  be- 
tween you. 

Yours  truly, 

Assistant  to  Receiver. 


Holy  Cross  Rectory, 

329  W.  42, 
Tel.    1285   Bryant.  Aug.  4/08. 

To  the  Receiver  of  the  Third  Ave.  R.  R  , 

Dear  Sir: 

Ever  since  the  red  cars  of  the  Third  Ave.  R.  R.  began  to  run  on  42nd  St.  the  noise  has  become  un- 
bearable. It  is  particularly  pronounced  in  this  block  between  8th  and  9th  Avenues.  The  cars  rush  down  the 
steep  grade  at  a  terrific  rate,  and  the  brake  applied  only  adds  to  the  appalling  din. 

Even  were  it  not  for  the  present  noise  crusade  I  would  never  have  appealed  to  you,  for  the  noise  is 
something  of  recent  origin — namely,  since  the  red  cars  were  put  on.  1  suggest  that  the  speed  on  the  down 
track  be  somewhat  moderated,  and  thus  the  car  could  be  controlled  without  the  use  of  the  brake.  You  can 
imagine  the  din  that  is  created  when  the  cars  run  as  frequently  as  they  do  now. 

Very  respectfully, 

CHAS.  McCREADY, 
Rector. 


HOLY  CROSS  LYCEUM, 
Holy   Cross   Rectory, 
329  West  42nd  St., 
Tel.  1285  Bryant.  Aug.  4,  1908. 

Dear  Sir: 

I  beg  to  draw  your  attention  to  the  inordinate  amount  of  noise  created  by  the  cars  of  the  Third  Ave. 
R.  R.  Company  that  pass  through  West  42nd  Street.  They  rush  down  the  incline  from  8th  to  9th  Aves. 
at  a  terrific  pace.  This  noise  in  itself  is  bad  enough,  but  the  brake  is  applied  all  the  way,  and  the  noise 
resulting  therefrom  is  unbearable.  This  noise  is  something  new,  having  become  so  pronounced  since  the 
Third  Ave.  R.  R.  Co.  put  its  red  cars  on  this  line. 

I  am  very  slow  to  complain  of  anyone  or  any  company,  nor  am  I  moved  to  it  solely  because  of  the 
present  "noise  crusade,"  but  particularly  because  it   is  a  new  nuisance  and  could  easily  be  stopped. 

Very  respectfully, 

(Signed)     CHAS.   McCREADY, 
Rector  of  Holy  Cross  Parish. 

E.  A.  M. 

Please  investigate  and  report,  stating  action  taken. 

R.  W.  K. 

7/8/08. 

August  6th,  '08. 
Mr.   Edward  A.   Maher, 

General  Manager. 

Dear  Sir: 

I  beg  to  acknowledge  the  receipt  of  your  letter  of  the  5th  instant,  and  letter  attached,  in  reference  to 
noise  made  by  cars  on  the  Forty-second  St.  Crosstown  Division. 

I  cannot  say  that  I  have  noticed  that  these  cars  make  any  excessive  noise,  especially  the  red  ones.  I 
have  given  this  matter  my  personal  attention,  and  I  find  that  the  wheels  of  some  of  the  cars  do  grind  on 

134 


the  rail  and  make  noise,  if  the  car  is  running  at  regular   speed.     I   don't   see   any   way  to  avoid   this,   but 
there  is  no  unusual  or  excessive  noise  made. 

I  will  again  issue  an  order  instructing  motormen  to  operate  their  cars  slowly  when  passing  the  Holy 
Cross  Church,  and  also  instruct  them  to  call  the  Inspector's  attention  to  any  car  that  in  their  opinion  is 
exceptionally  noisy. 

Yours  truly, 

A.  SUYDSTRUP, 

Superintendent. 

August  8th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  St.,  New  York  City. 
Dear  Sir: 

Replying  to  your  favor  of  August  6th  with  reference  to  complaint  of  Mr.  Chas.  Mc- 
Cready,  Rector  of  Holy  Cross  Parish.  The  matter  of  investigation  has  been  somewhat  de- 
layed on  account  of  the  illness  of  our  Superintendent.  I  will  write  Mr.  McCready  in  refer- 
ence to  his  complaint  on  receipt  of  report. 

Yours  truly, 

RWK-Q.  Assistant  to  Receiver. 


New  York,  August  nth,  1908. 
Reverend  Chas.  McCready, 

Rector  Holy  Cross  Parish, 

329  West  42nd  Street,  City. 
Dear  Sir: 

Your  favor  of  the  4th  instant  has  been  referred  to  me  by  the  Public  Service  Commission. 
I  have  had  the  matter  investigated,  and  have  issued  an  order  that  the  cars  run  more  slowly  in 
passing  the  Holy  Cross  Church.  I  have  also  instructed  the  inspector  to  call  to  our  attention 
any  cars  which  are  exceptionally  noisy.  I  hope  by  running  the  cars  more  slowly,  much  of  the 
noise  will  be  eliminated. 

Yours  truly, 

RWK./F.  Assistant  to  Receiver. 


Frederick  W.  Whitridge,  Rec,  New  York,  August  5,  1908. 

42nd   St.,   Manhattanville  & 

St.  Nicholas  Ave.  R.  R.  Co., 
65  St.  &  3rd  Ave.,  N.  Y.  C. 
Dear   Sir : 

Serious  complaints  have  been  made  to  this  Commission  relative  to  unnecessary  noise  made  by  the  op- 
eration of  cars  and  trains  through  the  streets  of  the  city.  Inspections  made  by  inspectors  of  this  Com- 
mission indicate  that  if  the  companies  should  give  closer  attention  to  the  condition  of  cars  and  tracks,  a 
very  considerable  decrease  in  noise  would  result.     Greater  care  in  the  lubrication  and  condition  of  the  parts 

135 


of  the  cars  and  to  the  condition  of  track  joints  and  switch  points  is  accordingly  urged  upon  the  companies 
by  this  Commission. 

The  Commission  directs  this  improvement  in  the  hope  that  the  companies  may  voluntarily  cause  such 
a  change  in  operation  that  formal  proceedings  by  the  Commission  as  to  specific  instances  of  faulty  con- 
struction or  operation  may  be  rendered  unnecessary. 

The  Commission  will,  however,  bring  to  your  attention  by  correspondence  specific  complaints  that  are 
urgent  and  require  immediate  attention,  and  to  which  your  immediate  attention  will  be  called,  with  the 
request  that  you  may  reply  to  the  inquiries  of  this  Commission  as  to  what  changes  you  will  make  with  re- 
gard thereto,  and  by  what  date.  As  to  the  general  improvement  in  the  condition  of  equipment  and  track, 
so  far  as  it  relates  to  noise,  the  Commission  will  expect  to  hear  at  once  of  the  steps  that  you  are  making 
towards  improvement. 

Very  truly  yours. 

W.  R.  WILLCOX, 
THW/EAR  Chairman. 


New  York,  August  5,  1908. 
Frederick  W.   Whitridge,   Receiver, 

Dry  Dock,  E.  B'way  and  Batt.  R.  R., 
65  St.  &  3rd  Ave. 
New  York  City. 
Dear  Sir: 

Serious  complaints  have  been  made  to  this  Commission  relative  to  unnecessary  noise  made  by  the  op- 
eration of  cars  and  trains  through  the  streets  of  the  city.  Inspections  made  by  inspectors  of  this  Commis- 
sion indicate  that  if  the  companies  should  give  closer  attention  to  the  condition  of  cars  and  tracks,  a  very 
considerable  decrease  in  noise  would  result.  Greater  care  in  the  lubrication  and  condition  of  the  parts  of 
the  cars  and  to  the  condition  of  track  joints  and  switch  points  is  accordingly  urged  upon  the  companies  by 
this  Commission. 

The  Commission  directs  this  improvement  in  the  hope  that  the  companies  may  voluntarily  cause  such 
a  change  in  operation  that  formal  proceedings  by  the  Commission  as  to  specific  instances  of  faulty  con- 
struction or  operation  may  be  rendered  unnecessary. 

The  Commission  will,  however,  bring  to  your  attention  by  correspondence  specific  complaints  that  are 
urgent  and  require  immediate  attention,  to  which  your  immediate  attention  will  be  called,  with  the  request 
that  you  may  reply  to  the  inquiries  of  this  Commission  as  to  what  changes  you  will  make  with  regard 
thereto,  and  by  what  date.  As  to  the  general  improvement  in  the  condition  of  equipment  and  track,  so 
far  as  it  relates  to  noise,  the  Commission  will  expect  to  hear  at  once  of  the  steps  that  you  are  making 
towards  improvement. 

Very  truly  yours, 

W.  R.  WILLCOX, 
THW/EAR  Chairman. 


New  York,  August  Sth,  1908. 
Frederick   W.   Whitridge,    Esq.,    Rec, 
Union  Railway  Company, 

65th  St.  &  3rd  Avenue, 
New    York,    N.    Y. 
Dear  Sir: 

Serious  complaints  have  been  made  to  this  commission  relative  to  unnecessary  noise  made  by  the 
operation  of  cars  and  trains  through  the  streets  of  the  city.  Inspections  made  by  inspectors  for  this  Com- 
mission indicate  that  if  the  companies  should  give  closer  attention  to  the  condition  of  cars  and  tracks,  a 
very  considerable  decrease  in  noise  would  result.  Greater  care  in  the  lubrication  and  condition  of  the  parts 
of  the  cars  and  to  the  condition  of  track  joints  and  switch  points  is  accordingly  urged  upon  the  companies 
by   this   Commission. 

The  Commission  directs  this  improvement  in  the  hope  that  the  companies  may  voluntarily  cause  such 
a  change  in  operation  that  formal  proceedings  by  the  Commission  as  to  specific  instances  of  faulty  construction 
or  operation   may  be   rendered   unnecessary. 

The   Commission   will,   however,  bring  to   your  attention  by  correspondence  specific  complaints  that  are 

136 


urgent  and  require  immediate  attention,  and  to  which  your  immediate  attention  will  be  called,  with  the  request 

that  you   may   reply   to   the   inquiries   of   this    Commission   as   to   what   changes   you    will   make   with   regard 

thereto,  and  by  what  date.     As  to  the  general  improvement  in  the  condition  of  equipment  and  track,  so  far  as 

it  relates  to  noise,  the  Commission  will  expect  to  hear  at  once  of  the  steps  that  you  are  making  towards 

improvement. 

Very    truly   yours, 

W.   R.  WILLCOX, 

Chairman. 
THW/RR. 

Frederick  W.  Whitridge,  Esq.,  New    York,   August   4,    1908. 

Receiver,  Third  Avenue  Railroad  Company, 

6sth  Street  and  Third  Ave.,  New  York  City. 

Dear  Sir: 

Serious  complaints  have  been  made  to  this  Commission  relative  to  unnecessary  noise  made  by  the 
operation  of  cars  and  trains  through  the  streets  of  the  city.  Inspections  made  by  inspectors  of  this  Com- 
mission indicate  that  if  the  companies  should  give  closer  attention  to  the  condition  of  cars  and  tracks, 
a  very  considerable  decrease  in  noise  would  result.  Greater  care  in  the  lubrication  and  condition  of  the 
parts  of  the  cars  and  to  the  condition  of  track  joints  and  switch  points  is  accordingly  urged  upon  the 
companies   by   this   Commission. 

The  Commission  directs  this  improvement  in  the  hope  that  the  companies  may  voluntarily  cause  such  a 
change  in  operation  that  formal  proceedings  by  the  Commission  as  to  specific  instances  of  faulty  construction 
or  operation  may  be  rendered  unnecessary. 

The  Commission  will,  however,  bring  to  your  attention  by  correspondence  specific  complaints  that  are 
urgent  and  require  immediate  attention,  to  which  your  immediate  attention  will  be  called,  with  the  request 
that  you  may  reply  to  the  inquiries  of  this  Commission  as  to  what  changes  you  will  make  with  regard 
thereto,  and  by  what  date.  As  to  the  general  improvement  in  the  condition  of  equipment  and  track, 
so  far  as  it  relates  to  noise,  the  Commission  will  expect  to  hear  at  once  of  the  steps  that  you  are  making 
towards  improvement. 

A  number  of  complaints  have  been  received,  to  which  your  attention  is  now  called,  with  respect  to 
the  noise 

On    Amsterdam    Avenue,    at    75th    Street 

86th 

io6th        " 
117th 

I20th 

I42d-i44th        " 
153rd        " 
On   Broadway,   at   s6th        " 
86th 
104th 
iioth 
Particularly   between    107th   and    108th    Streets. 

Very   truly   yours, 

W.  R.  WILLCOX, 

Chairman. 
EH 


Mr.   Edward  A.   Maher,  August   7th,    1908. 

General  Manager. 

Dear   Sir : 

Referring  to  the  Public  Service  Commission's  communication  of  August  4th,  1908,  to  Mr.  Frederick 
W.  Whitridge,  regarding  complaints  that  have  been  made  to  them  of  unnecessary  noise  made  by  the  operation 
of  cars  through  the  city  streets,  would  beg  to  report  as   follows : 

At  the  time  that  Mr.  Whitridge,  as  Receiver  for  the  Third  Avenue  Railroad  Company,  took  hold  of  the 
property,   the    roadway    was    in    a    very    worn-out    state,  particularly  was  this  true  of  the  crossings  and  other 

137 


special  work,  and  in  order  to  keep  the  cars  moving  it  was  planned  to  put  these  vital  parts  in  proper  repair 
first.  It  was  also  decided  to  rebuild  the  lower  section  of  Third  Avenue  Line  between  the  Post  Office  Loop 
and  Grand  Street,  renew  the  conductor  rail  on  all  the  lines  and  rebuild  that  part  of  Amsterdam  Avenue  from 
187th  Street  to  Fort  George. 

Work  has  progressed  to  the  amount  of  the  renewal  of  the  special  work  at  the  following  places: 
Third  Avenue  &  42d  Street,  125th  Street  &  Second  Avenue,  i2Sth  Street  &  Lexington  and  Lenox  Ave., 
crossover   on   42nd   Street   &   Seventh   Avenue   now   under  way. 

Material  has  been  ordered  for  renewal  of  crossover  on  Third  Avenue  South  of  42nd  Street,  crossover 
on  Park  Row  South  of  Pearl  Street,  crossing  at  34th  Street  &  Third  Avenue,  repair  parts  for  frogs  at  Post 
Office  Loop,  new  connection  to  car  barn  at  65th  Street  &  Third  Avenue,  new  connections  at  Broadway  & 
Manhattan  Street  and  also  at  Manhattan  Street  &  Amsterdam  Avenue.  (These  two  latter  connections  to 
permit  of  operating  Broadway  cars  North  to  Fort  George.)  New  crossover  and  two  new  "Y"  tracks  into 
car  house  at  129th   Street  &  Third  Avenue. 

All  the  material  for  the  rebulding  of  the  lower  end  of  the  Third  Avenue  Line  and  Amsterdam  Avenue 
from  187th  Street  to  Fort  George  has  been  ordered  and   some  of  the  material   is  now  being   received. 

The  Broadway  line  was  found  to  be  in  bad  shape,  particularly  in  loose  joints,  and  as  soon  as  permits 
were  secured  for  the  opening  of  the  streets  to  make  repairs  two  gangs  were  put  to  work  on  this  line,  one 
working  South  and  the  other  North,  and  good  progress  is  being  made.  It  is  the  intention  to  renew  the 
rail   on   some   of  the   curves   on   this   line. 

In  re  the  list  of  complaints  to  which  the  commission's  communication  refers,  would  advise  that  the 
first  five  are  on  the  lines  of  the  New  York  City  Railway  Company;  the  other  points  mentioned  will  have 
our  prompt  attention.  Yours   respectfully, 

WM.  A.  LOW. 
Mr.  Whitridge, 
Mr.   Mullaney, 
Mr.   Bow. 


William  R.  Willcox,  Esq.,  New  York,  August  8th,  1908. 

Chairman,  Public  Service  Commission, 
154  Nassau  Street,  City. 
Dear  Sir: 

I  beg  leave  to  acknowledge  receipt  of  your  favor  of  August  4th  and  your  three  letters  of  the 
5th  regarding  noise.  In  regard  to  the  cars  themselves,  most  of  the  cars  that  we  are  now  run- 
ning are  in  good  condition,  and  the  others  are  being  put  in  good  condition  as  rapidly  as  possible. 
We  have  just  ordered  150  new  cars  of  the  P.  A.  Y.  E.  type,  which  will  improve  the  general  con- 
dition of  our  rolling  stock  and  allow  opportunity  for  repairs  of  cars  now  in  service. 

In  regard  to  the  complaints  mentioned  in  your  letter  of  the  4th,  the  first  five — 

On  Amsterdam  Avenue  at    75th  Street 

86th  Street 

1 06th  Street 

117th  Street 

1 20th  Street 

— are  at  points  operated  by  the  Metropolitan  Street   Railway   Company.   As   to  the  others,   the 

men  are  at  work  and  will  soon  put  the  track  at  the  points  mentioned  in  good  condition. 

I  enclose  herewith  copy  of  letter  from  Mr.  Wm.  A.  Low,  Engineer,  Maintenance  of  Way, 

which  states  the  facts  in  regard  to  condition  of  tracks. 

Yours  truly, 

RWK-Q  Assistant  to  Receiver. 

Enclosure. 

138 


Mr.  Frederick  W.  Whitridge,  Receiver,  New  York,  August  13,   1908. 

42nd   St.,   Manhattanville  & 

St.   Nicholas   Ave.   R.   R.   Co., 

65th  St.  &  Third  Ave.,  New  York  City. 
Dear  Sir: 

Complaint  has  been  received  from  Mr.  Arnold  Schrann,  whose  business  address  is  109  Front  Street, 
New  York,  to  the  effect  that  there  is  excessive  noise  in  the  operation  of  the  Amsterdam  Avenue  cars  in 
the  vicinity  of  140th  Street. 

Mr.  William  P.  Ross,  of  Hamilton  Place  and  142nd  Street,  complains  that  the  conditions  of  the  tracks 
between  142nd  and  144th  Streets  on  Amsterdam  Avenue  are  very  bad,  and  that  the  cars  are  run  at  such 
great  speed  that  life  is  made  almost  unendurable  in  that  neighborhood. 

Our  inspector  finds  that,  from  investigation  of  the  conditions,  the  complaints  are  justified.  He  finds 
that  the  rail  surfaces  are  badly  corrugated  on  both  the  north  and  southbound  tracks  between  139th  and 
144th  Streets,  and  mentions  in  particular  a  point  on  the  east  rail  of  the  northbound  track  about  seventy- 
five  feet  north  of  the  northerly  curb  of  140th  Street,  another  on  the  outer  rail  of  the  northbound  track  at 
a  point  about  fifteen  feet  south  of  the  southerly  curb  of  141st  Street,  and  again  on  both  rails  of  the 
southbound  track  for  a  distance  of  about  thirty  feet  north  of  the  northerly  curb  of  141st  Street.  He 
finds  that  the  complaints  as  to  excessive  speed  are  sustained  by  the  facts.  It  is  found  that  the  stop,  which 
cars  are  required  to  make  before  crossing  139th  and  140th  Streets,  both  being  fire  stops,  do  not  affect 
the  speed  between  140th  and  145th  Streets,  where  cars    are   frequently    run    at  an    absolutely   reckless    rate. 

It  would  seem  that  the  conditions  here  could  be  greatly  improved  and  the  causes  for  complaint 
largely  removed  if  motormen  were  directed  that  during  the  night  time  cars  be  run  at  half  the  present 
speed,  and  that  until  the  tracks  can  be  renewed  or  repaired  a  slower  rate  of  speed  be  required  at  all  times. 

A  reply  is  requested  by  August  20th  stating  what  action  you  will  take  in  the  premises. 

Yours  very  truly, 
GFD/CVVT  TRAVIS  H.  WHITNEY, 

Secretary. 

Travis  H.  Whitney,  Esq.,  August  19th,  1908. 

Secretary,  Public  Service  Commission, 

154  Nassau  St., 

N.  Y.  City 
Dear  Sir: 

I  have  your  letter  of  the  13th  inst.,  with  complaint  of  Mr.  Arnold  Schrann,  of  the  noise  in 

the  vicinity  of  140th  Street,  and  complaint  of  Mr.  William  P.  Ross  as  to  track  conditions  between 

142nd  and  144th  Street. 

I  have  given  instructions  that  the  cars  be  run  slowly  at  these  points  until  repairs  can  be 

made.     Work  under  way  at  the  present  time  will  improve  conditions  at  these  points. 

In  regard  to  the  slow  running,  I  might  say  that   we   are   receiving   complaints   because   cars 

are  run  more  slowly.     My  letter  to  you  of  the  8th  inst.  explains  what  we  are  doing  to  improve 

conditions. 

Yours  very  truly, 

RWK-ML  Assistant  to  Receiver. 

Copy  to  Wm.  P.  Ross, 

Hamilton  PI.  &  142nd  St., 

New  York  City. 

Copy  to  Arnold  Schrann, 

109  Front  St., 

New  York  City. 

Copy  to  E.  A.  M. 

139 


179  West  97th  Street, 
Public  Service  Commission,  .  August  11,   1908. 

Tribune  Building, 

Park  Row,  N.  Y.  City. 
Gentlemen: 

I  beg  to  call  your  attention  to  the  terminal  facilities  provided  by  the  3rd  Ave.  R.  R.  Co.  at  the 
foot  of  West  130th  Street,  wrhere  the  tracks  are  placed  so  closely  together  that  passengers  entering  or 
leaving  a  car  at  the  terminal  are  in  danger  of  being  struck  by  the  adjoining  car  unless  great  care  is 
used. 

Women  and  children  are  compelled  to  enter  the  cars  through  the  narrow^  passage  between  the 
tracks.  Yours   truly, 

(Signed)   CHARLES   H.   ISRAEL. 


Travis  H.  Whitney,  Esq.,  August  19th.  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  N.  Y.  City. 
Dear  Sir: 

I  have  your  favor  of  the  13th  enclosing  a  copy  of  letter  of  Charles  H.  Israel  complaining 
of  the  terminal  facilities  at  the  foot  of  West  130th  Street. 

I  have  arranged  to  have  this  matter  looked  into,  and  with  a  view,  if  the  facts  are  as 
stated,  to  have  the  tracks  separated,  if  possible.  This  is  in  the  interest  of  the  public  and  our- 
selves. 

I  will  be  glad  to  a'dvise  you  when  I  get  a  report  on  this  matter.     I  am  enclosing  a  copy  of 

this  letter  to  Mr.  Israel. 

Yours  very  truly, 

RWK-ML  Assistant  to  Receiver. 

Copy  to  E.  A.  M. 
Copy  to  Charles  H.  Israel, 
179  West  97th  St., 
New  York  City. 


Frederick  W.  Whitridge,  Receiver,  New  York,  August  13,   1908. 

Third  Avenue  R.  R.  Co., 

65th  Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir: 

Agreeable  to  my  letter  of  the  5th  inst.  and  your  reply  thereto  by  which  an  understanding  was 
reached  regarding  the  treatment  of  complaints  of  unnecessary  noise  and  other  minor  complaints,  I  beg 
to  call  your  attention  to  a  complaint  by  F.  M.  Rogers,  manager  of  the  Hotel  Regent,  Broadway  and 
70th  Street.  Mr.  Rogers  states  in  substance  that  the  34th  Street  Ferry  and  Tenth  Avenue  Division  of 
the  Third  Avenue  R.  R.  Co.,  uses  the  middle  of  the  block,  on  which  his  hotel  is  located,  as  a  terminal. 
The  cars  are  switched  back  at  that  point  throughout  the  twenty-four  hours,  and  in  addition  to  the  noise 
caused  by  these  operations  there  are  present  at  all  times  a  number  of  railroad  men  who  keep  up  con- 
versation, sometimes  in  a  loud  tone  interspersed  with  shouts  to  each  other.  Employees  frequently 
lounge  about  the  entrance  of  the  hotel,  causing  a  partial  blockade  of  the  street  and  entrance  to  the 
building. 

Some  features  of  the  above  complaint  are  not  proper  subjects  for  consideration  in  connection 
with  the  noise  caused  by  the  operations  mentioned,  but  are  given  you  somewhat  fully  for  your  informa- 
tion. 

140 


No  investigation  has  been  made  looking  to  any  radical  change,  but  a  reply  is  requested  by  August 
20th   stating   the   action   which  will   be   taken   by  you  to  eliminate  the  conditions  complained  of. 

Yours  -"'ery  truly, 

TRAVIS  H.  WHITNEY, 
GFD/CWT  Secretary. 


Travis  H.  Whitney,  Esq.,  August  19,  1908. 

Sec.  Public  Service  Commission, 
154  Nassau  St., 
N.  Y.  City. 

Dear  Sir: 

I  have  your  letter  of  the  13th  inst.  re  complaint  of  F.  M.  Rogers  of  noise  at  the  terminal, 
Broadway  and  70th  Street. 

I  called  the  attention  of  the  General  Manager  to  this,  with  instructions  to  have  pressed 
upon  our  men  and  inspectors  the  necessity  to  regard  the  rights  and  comforts  of  others,  and  to 
take  pains  to  see  that  the  least  possible  noise  is  made  at  this  point. 

Yours  truly, 

RWK-ML  Asst.  to  Receiver. 

Copy  to  E.  A.  M. 


Mr.  T.  F.  Mullaney,  August  27th,   1908. 

Chief  Engineer. 

Dear  Sir: 

Returning  herewith  correspondence  relating  to  complaints  from  citizens  to  the  Public  Service 
Commission  in  regard  to  defects  on  the  Road  Bed  and  Rolling  Stock,  beg  to  make  the  following  report: 

Mr.  Chas.  H.  Israel's  complaint  of  August  the  nth,  regarding  terminal  facilities  provided  at  the 
foot  of  West  130th  St.,  would  say  that  there  we  have  the  standard  track  spacing  of  10  feet  and  ^  inch, 
which  allows  about  2^/2  feet  between  the  cars.  To  make  such  alterations  as  would  provide  more  clear- 
ance, would  entail  a  great  deal  of  work,  as  it  would  necessitate  the  furnishing  of  all  new  special  work 
for  the  crossovers,  beside  from  the  large  expense  of  spreading  the  tracks.  Letter  from  Mr.  Whitney, 
Secy,  of  the  Public  Service  Commission,  dated  August  the  13th,  regarding  terminal  of  the  loth  Avenue 
cars  at  Broadway  &  70th  St.,  this  is  a  matter  to  be  taken  up  with  the  Superintendent  of  that  division. 
From  the  same  dated  August  the  13th,  two  letters  referring  to  complaints  made  by  residents  on  Am- 
sterdam Ave.  &  Broadway,  regarding  the  condition  of  the  track  on  these  two  lines,  would  say  that 
the  rail  is  badly  corrugated  at  the  locations  specified,  but  I  wish  here  to  take  an  exception  to  the  state- 
ment in  one  of  these  letters  where  Mr.  Whitney  states  that  his  inspector  corroborates  the  statements 
made  by  the  complainants,  and  reports  that  the  corrugations   as   much   as    ^    of  an   inch   were   found. 

In  this  particular  place  which  he  mentions,  I  hive  had  accurate  measures  taken,  and  the  greatest 
depression  found  anywhere  in  the  track  was  but  1-16  of  an  inch,  and  this  was  not  where  the  rail  was 
corrugated,  hut  was  at  a  high  joint  and  caused  by  the  cars  in  passing  over  this  joint,  hammering  on  the 
low  rail. 

Communications  from  Mr.  Whitney,  August  the  14th  and  17th,  would  report  that  in  most  cases 
there  is  some  grounds  for  complaint,  but  would  add  that  we  have  been  going  over  the  lines,  fixing 
bad  joints,  putting  in  new  rail  at  some  of  the  curves  at  Broadway  and  have  started  to  file  some  of  the 
sections  that  are  badly  corrugated.  This  filing  is  being  done  as  an  experiment,  and  we  find  that  it  is 
going  to  work  very  satisfactory.  And  in  addition  to  this,  we  are  having  designed  a  motor  driven 
grinder,  which  we  believe  will  show  very  good  results. 

141 


Letter  from  Mr.  Whitney  of  August  the  20th,  regarding  condition  of  crossing  at  53rd  St.  &  Broad- 
way, this  is  a  matter  which  they  should  take  up  with  the  New  York  City  Railway  Company,  as  they 
are  supposed  to  maintain  same. 

Letters  of  August  the  20th,  from  Mr.  Whitney,  which  also  refer  to  bad  joints  and  corrugation, 
would  say  that  these  are  having  attention  together  with  the  others  previously  mentioned. 

Regarding  the  complaint  of  the  noise  caused  by  the  passage  of  Amsterdam  Avenue  cars  over  the 
switch  at  138th  St.  &  Amsterdam  Ave.,  would  advise  that  we  have  overhauled  some  of  the  joints  on 
this  work,  but  still  there  are  some  frog  centers  which  have  worked  loose,  and  will  have  to  be  tight- 
ened up.  In  order  to  do  this  work,  the  old  centers  will  have  to  be  sweated  out  and  re-babbitted.  For 
this  work  we  have  placed  an  order  for  a  heating  torch.  While  no  doubt  the  corrugations  have  some- 
what to  do  with  the  noise  of  the  operation  of  cars,  I  believe  that  this  noise  is  also  somewhat  aggravated 
on  Broadway,  from  the  fact  that  the  tracks  are  directly  over  the  subway,  which  is  in  close  proximity 
to  the  surface  of  the  street,  and  there  will  always  be  more  or  less  noise  on  that  account. 

Yours  truly. 
Mr.  Kelly,  WM.  A.  LOW, 

Mr.   Low.  Engineer,  Maintenance  of  Way. 

Travis  H.  Whitney,  Esq.,  August  28,  1908. 

Secretary, 

Public   Service   Commission, 

154  Nassau  Street, 

N.  Y.  City. 
Dear  Sir: 

In  further  answering  to  your  several  communications  running  from  August  13th  to  Au- 
gust 20th,  I  enclose  a  copy  letter  from  our  Engineer  of  Maintenance  of  Way  which  shows  what 
we  are  trying  to  do  in  abatement  of  the  noise,  etc.,  of  which  you  complain. 

I  believe  we  have  complied  with  most,  if  not  all,  of  your  suggestions. 

In  regard  to  Mr.  Israel's  complaint  of  August  nth,  your  letter  of  the  13th  inst.,  it  does 
not  seem  practicable  at  this  moment  to  do  anything. 

In  regard  to.  the  complaint  of  Mr.  F.  M.  Rogers,  your  letter  of  the  13th  inst.,  at  the  ter- 
minal at  70th  Street,  would  say  that  I  made  a  personal  examination  at  this  point.  I  cannot  see 
that  Mr.  Rogers  has  any  sound  reason  to  complain  of  us;  the  difficulty  seems  to  be  that  of 
the  public  in  waiting  for  cars,  who  congregate  in  front  of  his  hotel  and  under  his  awning 
while  waiting  for  the  cars,  and  many  of  them  of  the  colored  population. 

There  is  necessarily  some  noise  at  a  crossover,   and   Mr.   Rogers   suggests   that   it   would 

please  him  to  have  this  moved  in  front  of  some  other  person's  premises.     As  to  this,  I  make 

no  comment. 

Yours  truly, 

R.  W.   KEIXEY, 

R.W.K./K.  Asst.  to  Receiver. 

Frederick  W.  Whitridge,  Esq.,  New  York,  September  12,  1908. 

Receiver, 

Third  Avenue  R.  R.  Co., 
65th  Street  &  Third  Ave., 
New   York   City. 
Dear  Sir: 

I  beg  further  to  refer  to  the  complaint  of  Mr.  Charles  H.  Israel  with  respect  to  terminal  facilities 
at  the  foot  of  West  130th  Street. 

142 


From  investigation  it  appears  that  conditions  at  this  point  are  very  unsatisfactory. 

Aside  from  the  question  of  replacing  the  tracks,  I  beg  to  urge  that  a  rearrangement  of  car  storage 
and  car  switching  be  effectuated  if  possible,  in  order  that  it  may  not  be  necessary  for  disembarking 
passengers  to  leave  from  the  side  of  the  car  opposite  to  which  another  car  may  be  in  motion.  Such 
an  arrangement  can,  I  believe,  be  accomplished  by  a  reassignment  of  tracks  to  the  lines  terminating 
at  the  130th  Street  Ferry. 

Please  inform  the  Commission  by  September  21st  whether  some  improvement  of  the  character 
above  mentioned  may  not  be  made. 

Yours  very  truly, 
EMR/DMQ  TRAVIS  H.  WHITNEY, 

C-2391.  Secretary. 


Travis  H.  Whitney,  E^q.,  New  York,  September  14,   1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 

My  dear  Sir: 

I  have  yours  of  the  12th  instant  this  morning  in  respect  to  the  complaint  of  Mr.  Charles 
H.  Israel.  I  will  have  the  matter  looked  into  further  and  endeavor  to  communicate  with  you 
at  an  early  date  in  respect  thereto. 


Yours  truly, 

Receiver. 


Frederick  W.  Whitridge,  Esq.,  New  York,  September  17th,  1908. 

Receiver, 

Dear  Sir: 

In  regard  to  the  complaint  of  Mr.  Charles  H.  Israel  in  respect  to  the  terminal  facilities  at  the 
foot  of  West  130th  Street,  I  have  looked  this  matter  up  and  at  present  we  are  running  the  i2Sth  Street 
Crosstown  cars  in  on  the  south  stub  and  the  boulevard  cars  on  the  north  stub,  the  two  center  ones  we 
use  for  cars  awaiting  their  turn  to  leave.  By  this  means  passengers  are  enabled  to  get  off  on  the  side 
of  the  cars  nearest  the  sidewalk  and  are  not  forced  to  get  off  between  other  cars. 

It  is  sometimes  necessary  to  switch  cars  in  on  the  two  center  tracks  when  boats  are  coming  in  or 
when  there  is  a  block  on  the  other  tracks. 

It  is,  of  course,  necessary  for  us  to  have  extra  cars  here,  as  it  is  the  only  way  in  which  we  can 
keep  the  cars  properly  spaced  on  the  Broadway  line.  However,  as  soon  as  Winter  comes  and  we  are 
running  box  cars,  I  think  that  all  trouble  will  be  avoided  at  this  point. 

Yours  truly, 

(Signed)  JAMES  A.  ROOSEVELT, 

Assistant  to  General  Manager. 

New  York,  September  i8th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sit: 

Referring  further  to  yours  of  the  12th  instant  in  respect  to  the  complaint  of  Charles  H. 
Israel,  I  send  you  herewith  copy  of  a  report  on  the  matter  by  one  of  my  employees.     I  do  not 

143 


see  exactly  what  we  can  do  in  respect  to  this  matter,  any  more  than  I  see  what  we  can  do  in 
respect  to  the  conditions  at  Fort  George. 

I  have  appHed  for  a  franchise  to  make  a  loop  in  the  latter  case,  which  will  not  yield  me  a 
single  extra  nickel,  and  yet  the  Board  of  Estimate  seem  disposed  to  impose  conditions  which 
would  make  it  impossible  for  me  to  construct  that  loop  at  a  cost  of  forty  or  fifty  thousand  dol- 
lars entirely  in  the  public  interest  and  without  any  hope  of  gain. 

A  loop  at  130th  Street  is  not  possible.  I  do  not  think  it  is  necessary,  but  if  there  is  any- 
thing else  which  occurs  to  you  that  I  can  do,  I  shall  be  very  happy  to  endeavor  to  do  it. 

Yours  truly. 

Enclosure:  i.  Receiver. 


^  September   19,   1908. 

Frederick  W.  Whitridge,  Esq.,  Receiver, 
Third    Avenue    Railroad    Company, 
65th  St.  &  3rd  Ave.,  New  York. 

Dear  Sir : 

With  reference  to  the  complaint  of  Charles  H.  Israel,  we  realize  that  there  are  difficulties  surround- 
ing adequate  operation  at  this  point,  but  we  are  endeavoring  to  suggest  that  present  operation  be  conducted 
in  such  a  way  that  passengers  would  need  to  take  cars  on  the  middle  tracks  as  seldom  as  possible.  It 
appears  from  the  report  of  Assistant  to  the  General  Manager  to  you  that  this  is  now  being  done. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
THW/EH  Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  September  21,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

In  further  reference  to  the  complaint  of  Mr.  Charles  H.  Israel,  I  passed  some  time  at  the 
130th  Street  terminal  yesterday,  and  I  really  think  that  any  personal  examination  of  the  whole 
ground  will  show  that  the  crowds  are  now  being  handled  as  well  as  they  can  be  handled. 

Yours  truly, 

Receiver. 


Frederick  W.  Whitridge,  Receiver,  August  13,  1908. 

42nd    Street,    Manhattanville   & 

St.  Nicholas  Ave.  R.  R.  Co.,       •  • 

65th  Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir: 

Previous  correspondence  has  been  had  upon  complaints  made  by  Joseph  D.  Meredith,  of  15  Wall 
Street,  and  of  Dr.  J.  B.  Cromley,  living  at  the  Rockingham,  Broadway  and  56th  Street,  regarding  the  ex- 
cessive noise  caused  by  the  operation  of  cars  at  56th  Street  and  Broadway. 

144 


Under  date  of  July  6th  you  wrote  that  orders  had  been  issued  requiring  the  cars  to  slow  down  at  the 
curve  complained  of.  The  two  complainants  have  again  asserted  that  the  noise  continues  practically  the 
same  as  before,  and  that  notwithstanding  the  promise  of  relief  by  slowing  down,  the  conditions  remain  the 
same.  An  examination  by  our  inspector  seems  to  corroborate  the  statements  made  by  complainants  in  re- 
spect to  the  speed  maintained.  He  finds  that  the  larger  part  of  the  noise  is  due  to  this  excessive  speed,  al- 
though it  is  much  increased  by  reason  of  the  bad  track  conditions.  Corrugations  to  the  depth  of  as  much 
as  an  eighth  of  an  inch  were  found. 

It  would  seem  that  pending  the  time  when  permanent  improvements  can  be  effected,  orders  relative 
to  slowing  down  and  thus   reducing  by  careful   operation  the  noise,  should  be  strictly  enforced. 

A  reply  is  requested  by  August  20th  stating  just  what  measures  you  will  adopt  for  the  enforcement 
of  the  order  referred  to  and  also  what  plans  are  contemplated  looking  to  the  betterment  of  the  track  lay- 
out ai  the  curve  mentioned. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
GFD/CWT  Secretary. 


Frederick   W.   Whitridge,   Esq.,   Receiver,  Aug.  14,  1908. 

42nd    St.,    Manhattanville    & 

St.   Nicholas  Ave.   R.   R.  Co., 
Third  Ave.  &  65th  Street, 
New   York   City. 
Dear  Sir: 

It  was  noticed  in  your  reply  dated  August  8th  to  my  letter  of  August  5th  that  improvements  are  now 
being  made  on  the  Broadway  line,  and  that  complaints  regarding  unnecessary  noise  at  86th  and  87th  Streets 
on  Broadway  would  shortly  be  remedied. 

A  complaint  has  been  received  from  Mrs.  Marion  K.  Chard,  of  257  W.  86th  Street,  relative  to  ex- 
cessive noise  in  the  operation  of  cars,  and  an  investigation  has  been  made  by  one  of  our  inspectors.  He  re- 
ports in  detail  the  improvements  going  on,  which  have  been  referred  to,  but  find  that  the  cars  are  habit- 
ually operated  around  the  curve  at  87th  Street  at  a  fast  and  reckless  rate  of  speed,  causing  unnecessary  noise. 
It  seems  proper  to  request  that  the  curve  at  87th  Street  shall  be  kept  well  greased,  and  that  motormen  be 
directed  to  take  the  curve  at  a  much  slower  speed,  and  that  on  account  of  the  condition  of  the  tracks  this 
slow  speed  be  extended  to  cover  the  grade  between  86th  and  92nd  Streets.  Pending  the  completion  of  im- 
provements, which  it  is  assumed  are  intended  to  cover  the  point  referred  to,  it  is  requested  that  the  sug- 
gestions above  be  put  into  force. 

A   reply   is   requested  by  August  20th,  stating  just  what  action  will  be  taken  in  the  premises. 
Another  complaint  just  received  is  that  of  A.  H.  Dickinson,   204   W.   92nd    St.,    who  alleges   an    intoler- 
able noise  in  the  operation  of  cars  below  91st  Street. 

Yours   very   truly, 

TRAVIS  H.  WHITNEY, 
GFD/LER  Secretary. 


New  York.  Aug.  14,  1908. 
Frederick   W.   Whitridge,   Esq.,   Receiver, 
42nd   St.,  Manhattanville  & 

St.  Nicholas  Ave.  R.  R.  Co., 
3rd  Ave.  &  65th   Street, 
New  York  City. 
Dear  Sir : 

Agreeable  to  my  letter  of  August  5th,  and  your  reply  thereto,  by  which  an  understanding  was  had 
regarding  the  treatment  of  complaints  of  unnecessary  noise  and  other  minor  complaints,  I  call  to  your  at- 
tention : 

Complaint  of  Mrs.  Charles  L.  Stix,  300  West  109th  St.,  of  unnecessary  noise  in  the  operation  of  cars 
at   109th   St.   and   Broadway. 

Complaint  of  Mrs.  Kirby  Smith,  2787  Broadway,  of  noisy  operation  along  Broadway  from  107th  to  109th 
Streets. 

Complaint  of  Henry  J.  Davison,  of  50  Broadway,  of  excessive  noise  in  the  operation  of  cars  from 
107th  to  io8th  Street  on  Broadway. 

145 


These  complaints  have  been  investigated  and  found  to  be  justified.  It  is  found  that  the  tracks  are 
in  bad  condition,  being  in  many  places  badly  corrugated,  and  that  most  of  the  noise  is  due  to  rapid  op- 
eration of  cars  over  said  tracks.  It  is  also  found  that  excellent  progress  is  being  made  by  your  company 
in  the  improvement  of  track  joints  and  the  tracks  generally  at  different  points  on  the  Broadway  line,  a 
crew  being  found  at  work  on  the  tracks  at  103rd  Street  and  Broadway.  It  is  presumed  that  your  plans  in- 
clude repairs  to  the  tracks  on,  up  and  past  109th   Street,  and  that  it  will  cure  the  defects  complained  of. 

A  reply  is  requested  by  August  20th,  stating  whether  this  is  a  fact,  and  indicating  at  about  what  time 
it  may  be  expected  that  improvements   will  be  completed. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
GFD/LER  Secretary. 


Frederick  W.  Whitridge,  Receiver,  New   York,  August   17,   1908. 

42nd   St..   Manhattanville  & 
St.  N.  Av.  R.  R.  Co., 

Third  Ave.  and  65th  St.,  New  York  City. 
Dear  Sir: 

Complaint  has  been  received  from  Mr.  H.  G.  Armstrong,  251  West  87th  Street,  of  excessive  noise 
caused  by  the  operation  of  street  cars  between  87th  and  88th  Streets  on  Broadway.  He  alleges  specifically 
that  the  difficulty  seems  to  be  at  a  point  in  the  center  of  the  block.  Our  engineer  has  made  an  examination 
and  reports  that  the  complaint  was  justified,  as  an  undue  noise  is  created  by  the  passing  of  cars  over  the 
corrugated  surface  of  the  rails  and  over  several  depressions  in  the  rails.  The  conditions  as  found  on  Au- 
gust 4th   justify  the   request  that  new  rails  be  provided  in  place  of  those  corrugated  or  otherwise  defective. 

A  reply  is  requested  by  August  2Sth  stating  just  the  action  which  will  be  taken  by  you  in  the  premises. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
GFD/CWT  Secretary. 


August  19th,  1908. 
Travis  H.  Whitney,  Esq., 

Sec.  Public  Service  Commission, 

154  Nassau  St.,  N.  Y.  City.  « 

Dear  Sir: 

I  have  your  letter  of  the  13th  inst.,  with  complaint  of  Joseph  D.  Meredith,  and  Dr.  J.  B. 
Cromley,  of  excessive  noise  at  Broadway  &  56th  Street. 

i  have  arranged  with  our  General  Manager  to  have  marks  made  at  the  points  where  cars 
must  slow  down  and  to  give  special  instructions  to  our  motormen  to  regard  these  marks,  and 
to  our  inspectors  to  see  that  the  orders  are  obeyed. 

New  rails  have  been  ordered  for  these  bad  places  and  will  be  put  in  place  as  rapidly  as 
possible. 

The  above  precautions  will  also  cover  the  complaints  of  Mrs.  Marion  K.  Chard,  and  of 
Mr.  A.  H.  Dickinson,  referred  to  in  your  letter  of  the  14th  inst.,  at  86th  &  87th  Streets  and  at  91st 
Street. 

I  make  the  same  reply  to  your  other  letter  of  the  14th  inst.  with  complaints  of  Mr.  Charles 
L.  Stix,  of  noise  at  109th  Street,  and  Mrs.  Kirby  Smith,-  of  noise  at  107th  Street  and  109th 
Street,  and  complaint  of  Mr.  Henry  J.  Davison,  of  noise  at  107th  and  io8th  Streets  and  Broad- 
way. 

146 


The  same  reply  will  cover  your  letter  of  the  17th  inst.  regarding  complaint  of  Mr.  H.  G. 
Armstrong,  251   West  87th   Street,  of  noise  at  87th  &  88th  Streets  and  Broadway. 

Yours  truly, 

RWK/ML  Asst.  to  Receiver. 


Mr.  E.  A.  Maher,  General  Manager.  August  19th,  1908. 

Dear  Sir: 

I  hand  you  four  letters  from  Travis  H.  Whitney,  Sec.  of  the  P.  S.  C,  under  date  of  August 
13th,  two  dated  August  14th,  and  one  August  17th,  and  copy  of  my  reply  thereto. 

Please  see  that  the  promises  made  are  complied  with  and  orders  carried  out,  and  return 

papers. 

Yours  truly, 

RWK-ML  Asst.  to  Receiver. 


Frederick  W.  Whitridge,  Esq.,  New  York,  August  i8th,  1908. 

Receiver,  Third  Avenue  R.  R.  Co., 
Third  Avenue  and  65th  Street, 
New  York  City. 
Dear  Sir: 

Mr.  C.  G.  Norris,  Secretary  and  Treasurer  of  the  Monarch  Light  Company,  40  West  125th  Street, 
makes  complaint  of  "nerve  racking  and  incessant  din"  caused  by  the  operation  of  cars  between  Fifth  Avenue 
and  Lenox  Avenue  on  125th  Street. 

Our  engineer  finds  that  the  complaint  is  fully  justified.  He  finds  that  out  of  seventy- five  rail  joints 
inspected  only  forty-two  were  in  good  condition,  and  that  the  rail  surfaces  of  both  east  and  westbound 
tracks  were  considerably  corrugated.  The  foundation  under  some  of  the  joints  was  also  defective.  These 
conditions  caused  the  wheels  of  passing  cars  to  give  out  a  loud  pounding  noise. 

The  conditions  as  found  on  August  nth  were  such  as  to  justify  the  request  that  immediate  repairs 
be  made  through  this  block  so  that  relief  may  be  afforded  at  once  or  that  positive  orders  be  issued  to 
motormen  to  reduce  the  running  of  cars  to  about  half  speed. 

Reply  is  requested  by  August  25th  stating  just  what  action  you  will  take  in  the  premises. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY. 
GFD/CWT  Secretary. 


Travis  H.  Whitney,  Esq.,  August  19th,  1908. 

Sec.  Public  Service  Commission, 
154  Nassau  St.. 
N.  Y.   City. 

Dear  Sir: 

Re  low  joints  at  125th  St.  &  Lenox  Ave. 

I  have  your  letter  of  the  i8th  inst.  with  Mr.  C.  G.  Norris's  complaint  re  above.  We  have 
succeeded  in  obtaining  from  the  city  officials  a  general  authority  to  open  the  streets  to  make  re- 
pairs where  necessary. 

147 


Orders  have  been  issued  to  have  the  tracks  repaired  at  the  above  point  forthwith. 

Yours  truly, 

RWK-ML  Assist,  to  Receiver. 

Copy  to  E.  A.  M. 


Frederick   W.    Whitridge,    Receiver,  New  York,   August  20,   1908. 

Third  Avenue  R.  R.  Co., 

Third    Avenue   and   6sth    Street, 
New   York   City. 
Dear  Sir: 

Complaint  has  been  made  by  Rev.  J.  E.  Price  of  excessive  noise  in  the  operation  of  cars  past  the 
Washington  Heights  M.  E.  Church  at  the  corner  of  153rd   Street  and   Amsterdam   Avenue. 

Our  inspector  finds  that  the  noise  has  been  materially  eliminated  by  stop  marks  which  have  recently 
been  placed  for  both  rails.  It  appears,  however,^  that  some  unnecessary  noise  is  still  inevitable  from  bad 
track,  unless  cars  are  operated  at  a  slower  speed.  It  appears  therefore  justifiable  to  request  that  pending 
permanent  repairs  to  tracks  and  particularly  during  the  hot  weather,  a  uniformed  inspector  shall  be  detailed 
at  the  crossing  of  153rd  Street  and  Amsterdam  Avenue  on  Sundays  from  11  A.  M.  to  12.30  P.  M.  and  from 
8.00  to  9.00  P.  M.  for  the  purpose  of  enforcing  slow  movement  of  cars.  This,  with  instructions  to  motor- 
men,   should   remove  any   cause   for   complaint. 

A  reply  is   requested  by  August  28th  stating  whether   such   order   has  been   put   in   force. 

-  •• Yours  very   truly, 

GFD/CWT  TRAVIS  H.  WHITNEY, 

Secretary. 


Travis  H,  Whitney,  Esq.,  August  24,  1908. 

Secretary, 

Public  Service  Commission, 

,..r  154  Nassau  Street, 

N.  Y.  City. 
Dear  Sir: 

Your  letter  of  the  20th  inst.,  regarding  the  complaint  of  Rev.  J.  E.  Price  at  153rd  Street 
&  Amsterdam  Ave.  has  been  received.  The  relief  that  you  speak  of  had  been  ordered  some  time 
since,  after  talking  with  Mr.  Price,  and  by  him  acknowledged  from  the  pulpit. 

How  the  Inspector  came  to  be  removed,  I  do  not  know,  but  was  ordered  back  there  to  be 

on  duty  yesterday  and  hereafter. 

Yours  truly, 

R.W.K./K.  '  Asst.  to  Receiver. 


Frederick  W.  Whitridge,  Esq.,  New  York,  August   18,   1908. 

Receiver,  42d  Street,  Manhattanville  & 

St.  Nicholas  Avenue  Railroad  Company, 
Third  Avenue  and  65th  Street, 
New  York  City. 
Dear  Sir: 

Complaints   have   been   received   of   excessive   noise  caused  by  the  operation   of  cars  over  the  crossing 
at  42d  Street  and  Second  Avenue,  and  examination  made  by  our  Engineer  shows  that  such   complaints   are 

148 


well  founded.  He  reports  that  the  special  work  at  that  point  is  in  a  most  dilapidated  condition.  In  one 
place  the  slot-rail  frog  and  over  12  inches  of  the  ball  of  the  rail  are  missing.  In  another  place  the  rail 
is  broken  and  worn  so  that  there  is  a  depression  10  inches  long  and  in  some  places  as  deep  as  one  inch. 
These  conditions  justify  the  request  that  measures  be  taken  for  immediate  relief. 

A  reply  is  requested  by  August  25,  stating  just  when    and    what   action    will   be   taken   by   you    in    the 
premises. 

Very  truly  yours, 

GFD/TM  TRAVIS  H.  WHITNEY, 

Secretary. 


August  19th,  1908. 
Travis  H.  Whitney,  Esq., 

Sec.  Public  Service  Commission, 
154  Nassau  Street, 
N.  .Y  City. 
Dear  Sir: 

Re  crossing  42nd  Street  and  2nd  Ave. 

I  have  your  letter  of  the  i8th  inst.  re  above.  By  an  agreement  with  the  New  York  City 
R.  R.  Co.,  they  were  to  attend  to  making  repairs  at  this  point.  Inasmuch,  however,  as  they 
have  thrown  over  the  belt  line,  we  have  already  taken  steps  to  get  the  special  work  for  new 
switches  at  this  point,  and  will  put  them  in  as  promptly  as  possible. 

Yours  truly, 

RWK-ML  Asst.  to  Receiver. 

Copy  to  E.  A.  M.  . 


August  25,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary, 

Public  Service  Commission, 

154  Nassau  Street, 

N.  Y.  City. 
Dear  Sir: 

Replying  again  to  your  letter  of  the  18th  inst.  and  my  reply  thereto  of  the  19th  inst. 
The  Engineer  in  reporting  on  this  case  had  in  mind  42nd  Street  &  First  Avenue,  the  facts  and 
my  letter  of  the  19th  stands  good  as  regards  that  point. 

In  regard  to  the  complaint  as  to  the  crossing  at  42nd  Street  &  Second  Avenue,  I  beg  leave  to 
state  that  the  duty  of  maintaining  this  crossing  devolves  upon  Messrs.  Joline  &  Robinson,  Re- 
ceivers of  the  Metropolitan  Street  Railway  Co.,  and  I  would  ask  you  to  take  the  matter  up  with 
them. 

Yours  very  truly, 

R.W.K./K.  Asst.  to  Receiver. 

149 


New    York,   August  20,   1908. 
Frederick  W.  Whitridge,  Esq.,  Receiver, 
Third  Avenue  Railroad  Company, 
65th  Street  &  Third  Avenue, 
New  York  City. 
Dear  Sir: 

The  Commission  has  received  complaints  of  unnecessary  noise  caused  by  the  passage  of  Amsterdam 
Avenue   cars   over   the   switch   at   138th    Street  and   Amsterdam   Avenue. 

Investigation  has  been  made  and  it  is  found  that  there  is  a  left  hand  cross-over  between  137th  and 
138th  Streets  ended  by  a  spring  switch  with  rails  set  for  the  straight.  The  tongue  and  train  rail  switch 
are  apparently  in  good  condition  and  the  joints  have  evidently  been  recently  reset,  but  there  are  several 
still  in  need  of  attention.  Small  pieces  of  rails  have  been  inserted  in  the  locality  which  are  not  in  the 
best  condition,  particularly  on  inner  rail  of  north-bound  track  about  25  feet  south  of  the  cross-over 
and  straight  rail.  This  is  in  need  of  immediate  attention.  The  conditions  as  they  are  at  present  cause 
the  maximum  of  the  noise  when  cars  with  loose  parts  pass  over  them.  As  all  south-bound  cars  are  required 
to  stop  on  the  north  side  of  137th  Street  (to  test  the  brakes),  which  point  is  about  20  feet  south  of  the 
junction  of  the  cross-over  and  straight  rail,  it  seems  proper  to  request  that  the  stop  mark,  in  order  that 
slow  movement  may  be  insured,  should  be  moved  to  a  point  about  ten  feet  north  of  the  cross-over,  which 
would  make  it  about   30  feet  north  of  its  present  position. 

A  reply  is  requested,  stating  what  and  when  the  contemplated  permanent  improvement  of  this  switch  and 
cross-over  may  be  expected,  and  also  stating  whether  the  reduced  speed  order  indicated  has  been  put  into 
effect. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
GFD/SA  Secretary. 


August  28,  1908. 
Mr.  E.  A.  Maher, 

General  Manager. 
Dear  Sir: 

The  Public  Service  Commission  in  their  communication  of  the  20th  inst.,  in  regard  to  the 
switch  at  138th  St.  and  Amsterdam  Ave.,  request  that  the  stop  mark  be  moved  30  feet  north  of 
its  present  position,  and  they  think  that  this  will  help  conditions  at  that  point. 

If  this  has  not  been  done  already,  will  you  kindly  see  that  it  is  done,  unless  there  is  some 
good  reason  for  not  doing  so. 

When  this  is  done  I  think  we  will  have  complied  pretty  nearly  with  all  their  requests. 

Yours  truly, 

R.  W.  KELLEY, 
R.W.K./K.  Asst.  to  Receiver. 


New  York,  August  20,   1908. 
Frederick  W.  Whitridge,  Esq.,  Receiver, 

42d  St.,  Manhattanville  &  St.  Nicholas  Ave.  R.  R.  Co., 
Third  Avenue  &  65th  Street, 
New  York  City. 
Dear  Sir:  ^ 

Complaint  has  been  received  regarding  excessive  noise  caused  by  operation  of  cars  on  the  Broadway 
line  from  113th  to  Ii6th  Streets.  The  complainant,  Mr.  William  Mowbrey,  604  East  115th  Street,  states 
that  the  "roaring  and  grinding"  noise  made  by  the  cars  is  in  his  opinion  due  to  the  deteriorated  condition 
of  the   rolling   stock  rather  than   to  the  condition  of  the  tracks. 

150 


Our  inspector  reports  that  while  the  tracks  are  in  some  places  corrugated,  most  of  the  joints  have 
been  put  in  good  condition  and  that  the  noise  complained  of  is  principally  caused  by  the  condition  of  the 
cars  and  the  additional   fact  that  they  run  over  the  Subway,   which   comes   up   close   under   the   pavement. 

A  reply  is  requested  by  August  28th  as  to  the  conditions  at  the  point  mentioned,  and  what  plans  are 
in  contemplation  by  you   for  any  improvements  or  changes  in  the  near  future. 

As  a  crumb  of  comfort,  I  am  glad  to  inform  you  that  the  accumulation  of  complaints  which  has  been 
brought  to  your  attention  recently  is  growing  less  and  that  new  complaints  are  falling  off;  also  that  we  are 
now  able  to  handle  a  large  portion  of  the  complaints  received  by  reference  to  previous  complaints  bearing 
upon  the  same  points  already  taken  up  by  you  and  remedies  provided   for. 

Yours  very  truly, 
GFD/LER  ,  TRAVIS  H.  WHITNEY, 

Secretary. 

Frederick  W.  Whitridge,  Receiver,  New  York,  August  20,  1908. 

'42d   St.,   Manhattanville  &   St.    Nicholas   Av.   Ry.  Co., 
Third   Avenue  and  65th   Street,  New  York  City. 
Dear  Sir: 

Complaints  have  been  received  from  residents  of  the  Bretton  Hall  apartment  hotel  at  Broadway  and 
86th  Street  and  from  Mrs.  Saul  Smith,  25  West  84th  Street,  alleging  excessive  noise  in  the  operation  of  cars 
over   and   including   the   crossing   at   84th,    85th   and  86th  Streets  and  Broadway. 

Our  inspector  finds  that  the  rails  are  somewhat  defective  directly  opposite  the  entrance  to  Bretton 
Hall,  but  that  the  rail  joints  nearby  have  been   recently  repaired. 

A   reply  is   requested  by   August  28th,   stating  just   what   action   you   will  take   in  the   premises. 

Yours  very  truly, 
GFD/CWT  TRAVIS  H.  WHITNEY, 

Secretary. 

Frederick  W.  Whitridge,   Esq.,  Receiver,  New  York,  August  20,   1908. 

42d  St.,  M.  &  St.  N.  A.  Railway  Company, 
Third  Avenue  &  6sth  Street, 
New  York  City. 
Dear  Sir : 

Complaint  has  been  received  from  Mr.  H.  P.  Stimson,  Manager  of  the  Hotel  Cumberland,  53rd,  54th 
Streets  and  Broadway,  relative  to  excessive  noise  caused  by   Broadway   cars. 

Investigation  has  been  made  and  it  is  found  that  a  noisy  operation  prevails  and  it  is  due  to  a  variety 
of  causes,  involving  track  conditions,  as  well  as  defective  rolling  stock.  At  53rd  Street  crossing  loose, 
chipped  and  improperly  set  hard  centres  were  noted,  also  loose  train  rails,  defective  foundation  and 
imperfect  joints.  There  is  a  weak,  depressed  and  loose  crossing  at  a  point  where  the  train  rail  intersects 
the   slot   rail. 

Pending  permanent  improvements  which,  you  said,  are  contemplated,  it  seems  proper  to  request  that 
a  slow  speed  order  be  issued  requiring  that  a  movement  of  approximately  one  point  be  maintained  at  the 
point    in   question. 

A  reply  is  requested  by  August  28th,  stating  what  the  contemplated  improvements  are  and  when  their 
completion  may  be  expected,  and  also  stating  whether  the  order  relative  to  slow  speed  has  been  put  into 
effect.  Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
GFD/HG  Secretary. 

F.  F.  Mullaney,  New  York,  August  25,   1908. 

Dear  Sir : 
I  am  handing  you  four  complaints  of  the  P.  S.  C.  dated  the  20th  inst. 
Please  look  up  these  matters  and  return  the  complaints  with  your  report. 

Yours  truly, 
R.W.K./K.  R.  W.  KELLEY, 

Asst.  to  Receiver. 
151 


Travis  H.  Whitney,  Esq.,  August  24,  1908. 

Secretary,  Public  Service  Commission, 

154  Nassau   Street, 

N.  Y.  City. 
Dear  Sir: 

I  have  your  favor  of  the  20th  inst.,  regarding   complaint   and  noise   at   53rd    Street   and 
Broadway. 

The  responsibility  for  maintenance  of  this  crossing    rests    upon    the    Metropolitan    Street 
Railway  Company,  and  you  will  kindly  take  the  matter  up  with  them. 

Yours  truly, 

R.W.K./K.  Asst.  to  Receiver. 


R.   W.   Kelley,   Esq.,  New   York,   September  2,   1908. 

Assistant  to  the  Receiver, 

Third  Avenue  Railroad  Company, 
65th  Street  &  Third  Ave., 
New  York  City. 
Dear  Sir: 

Attention  is  called  to  the  fact  that  no  answer  has  yet  been  received  to  my  communication  of  the  20th 
ult.  in  the  matter  of  the  complaint  of  William  Mowbray  with  respect  to  noise  arising  from  the  operation 
of  cars  on  Broadway,  between  113th  and  Ii6th  Streets. 

Yours  very  truly, 
EMR/DMQ  TRAVIS  H.  WHITNEY, 

C-2082  Secretary. 


Travis  H.  Whitney,  Esq.,  September  3,  1908. 

Secretary,   Public  Service  Commission, 

154  Nassau  St., 

N.  Y.  City. 
Dear  Sir: 

I  have  your  letter  of  September  2nd  saying  that  I  have  not  answered  your  letter  of  July 
20th  regarding  complaint  of  William  Mowbray  about  noise  on  Broadway  at  113th  St.  & 
1 1 6th  St.. 

By  referring  to  my  letter  of  the  28th  ult.  and  enclosed  report  of  our  Engineer,  in  the  last 
paragraph  but  one  of  said  report,  you  will  see  that  this  letter  is  answered. 

In  further  answer  to  same,  I  think  vou  know  that  our  rolling  stock  has,  for  the  most  part, 
been  put  in  thorough  repair,  and  we  are  putting  all  other  cars  through  the  shop  as  rapidly  as 
possible. 

There  is  no  question  but  that  the  subways  being  under  the  street  and  close  to  the  surface 
accentuates  very  materially  all  noises  in  the  street,  but  this  is  a  condition  which  I  see  no  way  to 
remedy. 

I  thought  I  had  acknowledged  the  crumb  of  comfort,  which  I  assure  you  I  really  appreciate. 

Yours  truly, 

R.W.K./K.  Asst.  to  Receiver. 

isa 


New  York,  September  2,  1908. 
R.  W.  Kelley,  Esq., 

Assistant  to  the  Receiver, 

Third   Ave.    Railroad   Co., 

65th    Street   &   Third    Ave., 
New  York  City. 
Dear   Sir : 

I  beg  to  call  your  attention  to  the  fact  that  no  response  has  yet  been  received  to  my  communication 
of  the  20th  ult.,  in  the  matter  of  the  complaint  of  the  residents  of  Bretton  Hall,  Broadway  and  86th  Street, 
and  from  Mrs.  Sol.  Smith,  24  West  84th  Street,  alleging  excessive  noise  in  the  operation  of  cars  on 
Broadway.  Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
EMR/DMQ  Secretary. 

':-2294,   2415 


September  3,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary   Public   Service  Commission, 

154  Nassau  St., 

N.  Y.  City. 
Dear  Sir : 

[  have  your  letter  of  the  2nd  inst.,  stating  that  your  letter  of  the  20th  ult,,  regarding  the 
complaints  of  residents  of  Bretton  Hall,  Broadway  and  86th  Street,  and  Mrs.  Sol.  Smith,  of 
24  West  84th  Street,  has  not  been  answered. 

By  referring  to  the  last  paragraph  but  one  in  our  Engineer's  report,  forwarded  to  you  in 
my  letter  of  the  28th  ult.,  you  will  find  the  answer. 

Yours  truly, 

R.W.K./K.  Asst.  to  Receiver. 


To  the  Honorable  Public  Service  Commission.  Sept.  2,  1908. 

Gentlemen: 

As  a  citizen  and  taxpayer  of  this  city,  I  would  respectfully  call  the  attention  of  your  honorable 
body  to  the   service  rendered  to  the  public  by  the  Ihird  Ave.  R.  R.  Co. 

The  total  disregard  for  the  convenience  of  the  traveling  public  and  its  flagrant  violations  time  and 
again  of  the  car  ahead  ordinance,  and  which  appears  to  be  considered  by  them  a  farce,  is  indeed 
astounding,  and  I  think  it's  about  time  they  were  compelled  by  your  body  to  give  the  public  the  service 
to  which  they  are  entitled. 

As  an  instance,  I  got  on  a  car  at  i2Sth  St.  and  Park  Ave.,  at  11.50  last  night.  The  car  was  com- 
fortably filled  with  passengers,  and  was  marked  to  go  to  Post  Office.  When  the  car  got  to  3rd  Ave.  & 
125th  St.  we  were  ordered  to  take  the  car  ahead.  This  car  was  marked  "Post  Office"  and  was  fairly  well 
filled.  I  got  aboard  this  car  and  was  then  obliged  to  wait  12  minutes  pending  the  arrival  of  two  other 
cars  marked  65th  St.  &  3rd  Ave.  These  passengers  were  also  told  to  take  car  ahead,  and  took  the  car  I 
was  on  and  already  crowded  isles  and  steps,  and  after  another  wait  of  three  minutes  the  car  proceeded 
to  go  south. 

When  we  arrived  at  67th  St.  &  3rd  Ave.,  there  were  about  8  or  9  cars  on  the  southbound  tracks, 
which  were  apparently  waiting  to  be  switched  into  the  depot,  and  after  a  wait  of  12  or  15  minutes  we 
finally  arrived  at  65th  St.,  and  we  were  again  ordered  to   take  the   car  ahead,  and   which   I   was   obliged 

IS3 


to  do  in  order  to  get  home.     In  other  words,  it  took  me  exactly  50  minutes  to  go  from  125th  St.  &  Park 
Ave.  to  59th  St.  &  3rd  Ave. 

This  is  a  nightly  occurrence,  and  you  can  satisfy  yourself  of  the  truth  of  my  statement  by  sending 
one  of  your  inspectors  there  to  investigate  the  service  rendered  to  the  public  by  this  R.  R.  Co. 

As  a  citizen  and  a  taxpayer,  I  consider  it  a  crying  shame  that  such  a  condition  should  be  allowed 
to  exist  in  a  city  like  this  for  any  length  of  time. 

I  sincerely  hope  you  will  be  able  to  right  this  flagrant  abuse  of  the  rights  of  the  traveling  public, 
who  are  obliged  to  use  this  line,  and  compel  them  to  give  us  decent  service  at  once,  and  without  the 
prolonged  waits  at  the  points  mentioned.     I  am,  gentlemen. 

Yours  very  truly, 

(Signed)   F.  H.   PETERMAN. 

Spring  and  Varick  Sts.,  N.  Y. 


New  York,  September  8th,  1908. 
Mr.  E.  A.  Maher, 

General  Manager. 

Dear  Sir: 

In  answer  to  the  enclosed  communication  of  the  Public  Service  Commission  of  September  4th,  en- 
closing communication  to  them  from  F.  F.  Peterman,  of  Spring  and  Varick  Streets,  of  September 
2nd,  would  say  that  on  the  night  of  September  ist  there  were  six  fires  on  Third  Avenue,  which  blocked 
us  for  the  following  length  of  time: — 

Block  at  107th  Street,  both  rails,  from  11.30  to  12.10  P.  M, 

There  was  a  second  block  at  107th  Street  on  account  of  fire,  from  1.58  to  3.10  A.  M. 

Another  block  at  102nd  Street,  from  3.35  to  3.52  A.  M. 

Besides  these  three,  there  were  three  other  fires  on  Third  Avenue,  which  did  not  block  us  for  more 
than  five  minutes.  There  was  also  one  fire  on  Amsterdam  Avenue  at  about  11.30,  which  blocked  us  for 
five  minutes. 

I    think   this    will   account   for   passengers   having  to  take  "car  ahead"  and  also  for  being  delayed  on 

that  night. 

Yours  truly, 

(Signed)  JAMES  A.  ROOSEVELT, 

Assistant  to  General  Manager. 


New  York,  September  9th,  1908. 
Public  Service  Commission, 

154  Nassau  Street, 

New  York  City. 

Dear  Sirs : 

I  have  your  letter  of  the  4th  instant  with  complaint  of  F.  H.  Peterman  in  regard  to  cars 
ahead  on  the  night  of  September  ist.  I  enclose  a  copy  of  report  of  Mr.  James  A.  Roosevelt. 
Assistant  to  General  Manager,  which  I  think  will  explain  the  situation. 

Yours  very  truly, 

RWK/F.  Assistant  to  Receiver. 

Enclosure : 

IS4 


September  3,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  St., 
N.  Y.  City. 
Dear  Sir : 

Beg  leave  to  acknowledge  your  favor  of  the  2nd  inst.  M^ith  complaint  of  Philip  Kearney, 

and  enclose  a  copy  of  my  answers  thereto. 

Yours  truly, 

R.W.K./K.  Asst.  to  Receiver, 

enc. 


New  York,  Aug.  24,  1908. 
Gentlemen: 

I  respectfully  call  the  attention  of  your  honorable  Commission  to  the  difficulty  of  obtaining  trans- 
fers  from  the  Third  Avenue   R.   R.   Co. 

Yesterday  I  requested  a  transfer  immediately  after  payinp-  my  fare  and  was  told  to  wait,  although 
the  car  carried  a  sign  stating  that  the  conductor  would  issue  a  transfer  only  at  time  of  payment  of  fare. 

I  boarded  the  car  at  Fort  George,  and  after  a  controversy  with  the  conductor  was  finally  able  to 
get  a  transfer  when  the  car  reached  42nd  Street. 

Aside  from  the  above  incident,  it  is  a  fact  that  transfers  are  difficult  to  obtain  at  all  times.  I  have 
observed    many    instances   when   requests    for   transfers  have  been  ignored. 

Respectfully, 

(Signed)  PHILIP  KEARNEY, 

230  West    nth   St. 

The  conductor's  number  was  either  225  or  229,  and  the  car  left  Fort  George  about  10.15  P.  M.  I 
enclose  transfer  received  ^  of  an  hour  after  paying  fare. 


Copy  to  Mr.  E.  A.  Maher  for  action  and  return  of  paper, 

September  3,  1908, 
Philip  Kearney,  Esq., 

230  West  nth  Street, 
N.  Y.  City. 

Dear  Sir: 

The  Public  Service  Commission  has  sent  me  a  copy  of  your  letter  of  August  24th  complain- 
ing that  conductor,  whose  number  is  either  225  or  229,  had  greatly  delayed  giving  you  a  trans- 
fer,  and  that  sometimes  the   request   for  transfers  is  ignored. 

I  am  very  much  obliged  to  you  for  calling  attention  to  this  matter,  and  regret  that  you 
are  unable  to  give  the  conductor's  number  with  certainty. 

I  shall  have  the  matter  investigated  and  the  conductor  properly  dealt  with  if  I  can  identify 

him. 

Yours  truly, 

R.W.K./K.  Asst.  to  Receiver. 

155 


New  York,  September  14th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  City. 

My  dear  Sir: 

Referring  to  your  letter  of   September  2nd   in   respect   to   the   complaint   of   Mr.    Phillip 

Kearney,  I  herewith  enclose  report  on  the  matter  by  one  of  my  employees,  which  is  all  the 

information  I  can  give  you  in  respect  thereto. 

Yours  truly. 

Enclosure:  i  •  Receiver. 


Mr.  E.  A.  Maher,  New  York,  September  12th,  1908. 

General  Manager. 

Dear  Sir: 

I  have  investigated  the  enclosed  report  and  have  seen  Conductors  No.  225  and  No.  229.  They  both 
of  them  deny  any  knowledge  of  this  occurrence,  also  there  is  no  record  of  this  transfer  having  been  is- 
sued to  any  conductor  on  August  23rd,  and  as  you  will  notice  it  has  not  been  punched  by  any  conductor. 

I  also  sent  Conductors  No.  225  and  No.  229  down  to  the  address  given  by  the  complainant,  Phillip 
Kearney,  230  West  nth  St.  and  the  house  was  found  to  be  a  boarding  house  and  no  one  there  knew 
Phillip   Kearney. 

Yours  truly, 

(Signed)  JAMES  A.  ROOSEVELT, 

Assistant  to  General  Manager. 


F.  W.  Whitridge,  Esq.,  New  York,  September  22,  1908. 

Receiver,  Third  Avenue  R.  R.  Co., 
Third  Avenue  &  6sth  Street, 
New  York  City. 
Dear  Sir: 

Further  referring  to  the  complaint  of  Philip  Kearney  with  respect  to  the  issuance  of  transfers  on 
the  Third  Avenue  road,  I  beg  to  say  that  a  mistake  was  made  in  copying  the  address  of  said  complain- 
ant, who  lives  at  230  West  iiith  Street,  not  at  230  West  nth  Street,  to  which  latter  address  the  con- 
ductors, Nos.  225  and  229,  complained  of,  were  sent. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
EMR/DMQ  Secretary. 

C-2454 


Frederick  W.  Whitridge,  Esq.,  New  York,  September  2,  1908. 

Receiver,  Union  Railway  Company, 
65th  Street  and  Third  Ave., 
New  York  City. 
Dear   Sir: 

I  beg  to  refer  to  the  service  rendered  during  the  afternoon  on  Sundays  on  the  West  Farms  Line 
of   the   Union   Railway. 

From  a  preliminary  investigation,  made  consequent  upon  numerous  complaints,  it  appears  that 
the  service  so  operated  is  totally  inadequate  to  take  care  of  the  traffic  offering  itself  for  transporta- 
tion, cars  in  many  cases  carrying   125%    loads. 

156 


Because  of  the  lateness  of  the  season  it  appears  inadvisable  to  institute  any  formal  proceedin<TS,  but 
your  attention  is  called  to  this  inadequate  service  in  order  that  you  may  take  steps  to  provide  additional 
facilities  for  the  rest  of  the  season. 

Please  inform  the  Commission  by  September  pth  whether  this  will  be  done. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
EMR/DMQ  Secretary. 

C-2402 


Travis  H.  Whitney,  Esq.,.  September  4th,  1908. 

Secretary,  Public  Service  Commission, 

Tribune   Building,    154  Nassau   Street, 

New  York  City. 
Dear  Sir: 

Regarding  the  complaint  as  to  the  overcrowded  condition  of  cars  on  the  West  Farms  Line 
on  Sunday,  we  desire  to  state  that  the  service  on  Sunday  is  in  every  respect  equal  as  to  the 
number  of  cars  in  operation  as  for  the  other  days  of  the  week,  and  that  the  number  of  cars 
operated  during  the  summer  months  is  twenty-three  upon  a  headway  of  three  minutes. 

This  service  of  twenty-three  cars  covers  the  rush  hours,  and  we  were  not  aware,  until  your 
letter  was  received,  that  there  was  any  complaint. 

From  our  records  based  upon  the  receipts  of  passenger  earnings,  those  on  Sunday  are  less 
and  have  been,  than  some  of  the  other  days  of  the  week  upon  this  particular  line. 

However,  we  will  give  the  matter  our  special  attention  and  see  to  it  that  a  sufficient  number 
of  cars  is  supplied  to  conveniently  take  care  of  our  patrons. 

For  your  information  we  desire  to  submit  the  following: 

September   4th,    1908. 

Total  car  miles  operated  West  Farms  Line,  Aug.,    1907    63,576 

Total  car  miles  operated  West  Farms  Line,  Aug.,   1908 79,603 


Increase         16,077 
Yours  very  truly, 

General  Manager  Under  Receiver, 


Frederick  W.  Whitridge,  Esq.,  New  York,  September  15,  1008. 

Receiver,    Union    Railway    Company, 
65th  Street  &  Third  Avenue, 
New  York  City. 
Dear  Sir: 

I  beg  to  call  your  attention  to  the  fact  that  no  answer  has  as  yet  been  received  to  the  communication 
sent  you  under  date  of  September  2nd  with  reference  to  alleged  inadequate  service  on  the  West  Farms 
Line.     Answer  was  requested  by   September  9th. 

Your  prompt  attention  to  this  matter  will  be  appreciated. 

Yours   very   truly, 

TRAVIS  H.  WHITNEY, 

DMQ  Secretary. 

C-2402 

157 


New  York,  September  i6th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  yours  of  the  15th  calHng  my  attention  to  the  fact  that  no  answer  has  as  yet  been 
received  to  your  communication  dated  the  2nd  in  respect  to  the  service  of  the  West  Farms  Line. 
I  beg  to  enclose  to  you  herewith  a  copy  of  a  letter  which  was  sent  to  you  on  September  4th 
in  answer  to  your  communication. 

I  take  this  opportunity  of  saying  that  I  spent  a  good  deal  of  time  personally  examining 
the  Lines  under  my  control  during  this  last  summer,  and  that  I  am  much  impressed  with  the 
necessity  for  more  cars,  and  I  shall  take  an  early  opportunity  for  conference  with  you  or  some 
of  the  Commission  in  respect  to  my  plans  for  next  summer. 

I  may  also  be  obliged  to  write  you  presently,  asking  for  an  extension  of  time  for  the  repair 
of  some  of  the  existing  cars.  As  a  matter  of  fact,  I  shall  have  one  hundred  and  fifty  new 
P.  A.  Y.  E.  cars  in  operation  before  the  first  of  December,  which  would  enable  me  to  give 
the  Union  one  hundred  of  our  standard  size  cars,  and  I  think  it  would  be  extravagant  and  un- 
necessary to  spend  any  money  upon  a  lot  of  the  small  cars,  owned  both  by  the  Union  and 
Third  Avenue  Roads,  and  I  propose  to  scrap  them  if  I  cannot  otherwise  dispose  of  them.  With 
the  equipment  above  referred  to,  the  seating  capacity  will  be  considerably  enlarged. 

Yours  truly, 


Enclosure:  i 


Receiver. 


Public   Service   Commission. 


No.  337  Leonard  Street, 

Brooklyn,  Sept.  12,  190& 


Gentlemen : 

On  the  morning  of  Sept.  6th,  1908,  my  mother  and  I  boarded  a  Grand  and  Desbrosses  Sts.  Ferry  car 
on  the  Williamsburg  Bridge  Plaza.  While  we  were  crossing  the  Bridge  I  asked  the  conductor,  when  I  paid 
both  fares,  if  we  could  transfer  to  the  Belt  Line  cars  on  West  St.,  so  we  could  reach  the  Liberty  St.  Ferry 
of  the  Central  R.  R.  of  N.  J.,  and  he  said  "Yes,"  and  he  gave  us  two  transfers.  I  also  noticed  that  the  Belt 
Line  on   West   St.   was  printed  on  the  transfers. 

When  we  boarded  a  Belt  Line  car  on  West  St.  the  two  transfers  were  refused,  so  I  was  obliged  to  pay 
ten  cents  for  extra  fares.  The  conductor  told  me  that  they  did  not  accept  any  transfers  from  the  Grand 
St.  Line  for  the  past  six  weeks.  I  felt  so  disagreeable  about  the  incident  that  I  tore  the  two  transfers  in 
pieces  and  threw  them  out  in  the  rain.  I  would  rather  have  lost  ten  dollars  in  any  other  way.  I  wrote  a 
letter  a  few  days  ago  to  W.  F  Whitridge,  the  Receiver  of  the  Third  Ave.  R.  R.  Co.,  explaining  to  him 
what  happened  and  also  demanding  the  return  of  the  ten  cents  which  I  paid  on  the  West  St.  Belt  Line  car, 
due  to   his  carelessness   in   issuing  improper  transfers,  but  up  to  date  have  not  received  any  answer. 

The  receiver  was  very  hasty  in  having  a  sign  put  up  in  each  car  in  regard  to  conductors  and  pas- 
sengers "stealing  fares."  It  would  be  a  very  good  idea  to  have  another  sign  put  up  in  each  car  reading  as 
follows :     "A  railroad  company  that  issues  improper  transfers,  cheats." 

Trusting  that  you  will  give  the  above  your  earliest  consideration,  I  am. 

Yours  respectfully, 

(Sgd)     F.  C.  KREIMIER. 

IS8 


New  York,   September  i6th,   1908, 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  St.,  City.  ^ 

My  Dear  Sir: 

I  have  yours  of  the  15th,  enclosing  copy  of  the  complaint  of  Mr.  F.  C.  Kreimier.  In 
reply  thereto,  I  beg  to  say  that  the  Third  Avenue  and  the  Dry  Dock,  East  Broadway  &  Bat- 
tery Railroad,  which  includes  the  cars  running  over  the  Bridge,  are  issuing  transfers  to  the 
Belt  Line  in  accordance  with  the  Order  of  Justice  Lacombe,  of  the  United  States  Circuit  Court. 
The  Belt  Line,  since  it  became  independent, — and  what  it  is  pleased  to  call  a  "System" — has,  I 
understand,  been  refusing  these  transfers,  but  that  is  certainly  no  fault  of  ours,  and  I  hope  Mr. 
Kreimier  will  recognize,  therefore,  that  his  animadversions  on  my  signs  are  misplaced.  My 
Railroads  do  not  issue  improper  transfers  and,  therefore,  do  not  cheat,  but  we  have  not  the 
power  to  compel  the  Belt  Line  to  accept  the  transfers  so  issued. 

Yours  very  truly. 

Receiver. 


New   York,   September   14,    1908. 
Frederick  W.   Whitridge,  Esq., 

Receiver,   Union   Railway   Company, 
65th  Street  &  Third  Ave., 
New  York  City. 
Dear  Sir: 

From  a  report  made  subsequent  to  an  investigation  of  a  complaint  received  on  September  3rd  with 
respect  to  the  condition  of  the  track  in  East  138th  Street,  it  appears  that  repairs  have  been  made  which  re- 
moved the  original  source  of  complaint,  but  nevertheless  it  is  recommended  that  motormen  be  cautioned 
to  operate  slowly  over  this  special  work,  particularly  those  cars  going  west,  in  view  of  the  fact  that  from 
observation  it  has  appeared  that  employees  take  advantage  of  the  down  grade  to  operate  at  a  high  speed. 
Please  notify  the  Commission  by  September   19th   whether  this  recommendation   will   be  complied   with. 

Yours  very  truly, 
DMQ  TRAVIS  H.  WHITNEY, 

Secretary. 


New  York,  October  3,   1908. 
Frederick  W.  Whitridge.  E^q., 
Receiver,    Union    Ry.    Co., 

65th   Street  &   Third  Ave.. 
New  York  City. 
Dear  Sir: 

I  beg  to  call  your  attention  to  the  fact  that  no  reply  has  yet  been  received  to  my  communication  to 
you  under  date  of  September  14th,  in  the  matter  of  the  complaint  with  reference  to  the  condition  of  the 
track  on  East  138th  Street. 

A  reply  was  requested  by  SejJtember  19th. 

Yours   very   trulv, 

TRAVIS  H.  WHITNEY. 
EMR/DMQ  Secretary. 

C-2485 

IS9 


Travis  H.  Whitney,  Esq.,  New  York,  October  6th,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  yours  of  the  3rd  instant  referring  to  your  letter  of  September  14th.  The  latter 
stated  that  the  cause  of  the  original  complaint  made  by  you  had  been  removed  and  went  on  to 
make  a  general  recommendation  that  the  motormen  be  cautioned  to  operate  slowly  over  this 
special  work,  particularly  those  cars  going  west,  in  view  of  the  fact  that,  from  observations, 
it  appeared  that  the  employees  take  advantage  of  the  down  grade  to  operate  at  high  speed.  You 
asked  me  to  notify  the  Commission  by  September  19th  whether  that  recommendation  would  be 
complied  with. 

So  far  as  cautioning  motormen  is  concerned,  it  was  not  only  complied  with,  but  it  was 
complied  with  before  you  wrote  any  letters  or  anybody  made  any  complaints.  That  is  still  true. 
I  am  afraid  that  this  is  all  I  can  do  in  the  premises.  If  you  have  any  reports  of  any  particular 
motormen  running  down-hill  at  too  high  a  speed,  I  shall  be  very  much  obliged  if  you  would  let 
me  have  them.  I  am  bound  to  say  that  I  think  it  likely — human  nature  being  what  it  is — 
that  a  man  going  down-hill  is  very  likely  to  go  faster  than  a  man  going  up-hill. 

Yours  truly. 

Receiver. 


Frederick  W.  Whitridge,  Esq.,  New  York,  October  22,  1908. 

Receiver,  Third  Avenue   RR.   Co., 
65th  Street  &  Third  Ave., 
New   York   City. 
Dear  Sir: 

I  beg  to  call  your  attention  to  the  fact  that  no  reply  has  as  yet  been  received  to  the  communication  sent 
you  under  date  of  October  9th  with  respect  to  noise  caused  by  cars  operating  on  Amsterdam  Avenue  in  the 
vicinity  of  i68th  and  170th  Streets.     A  reply  was  requested  by  October  i6th. 

Your  prompt  attention  to  this  matter  will  be  appreciated.  * 

"Yours  very  truly, 
EMR/DMQ  TRAVIS  H.  WHITNEY, 

C-2558  .  Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  October  loth,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  St.,  City. 
Dear  Sir: 

I  have  yours  of  the  9th  instant.  I  have  just  let  the  contract  for  the  relaying  of  the  rails  in 
the  upper  part  of  Amsterdam  Avenue,  although  I  do  not  at  the  moment  know  whether  the 
particular  portion  referred  to  in  Mrs.  Bestida's  letter  is  included  within  the  area  covered  by 
the  contract. 

I  observe  your  suggestion  in  respect  to  slower  speed  on  the  southbound  cars  at  least,  and  I 
assure  you  that  the  matter  will  have  my  earliest  attention. 

Yours  truly. 

Receiver. 
160 


New  York,  October  23,  1908. 
Mr.  Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  St.,  City. 

My  Dear  Sir: 

I  have  yours  of  the  22nd  instant  informing  me  that  you  had  received  no  answer  to  your 
letter  of  October  9th.  I  beg  to  enclose  you  herewith  copy  of  my  letter  of  the  loth  replying  to 
yours  of  the  9th,  which  was  sent  you  in  due  course. 

Contemporaneously  therewith,  there  was  another  foolish  old  woman  who  inspired  the  Health 

Department  to  come  here,  and  I  am  having  a  conference  between  the  officers  of  the  Board  of 

Health  and  the  engineers  for  the  purpose  of  finding  out  how  cars  can  be  run  without  noise,  or, 

at  least,  with  only  a  noiseless  noise. 

Yours  truly. 

Enclosure :  Receiver. 


New  York,  October  24,  1908. 
Frederick  W.   Whitridge,  Esq., 

Receiver,  Third  Avenue  RR.  Co., 
65th  Street  &  Third  Ave.. 
New  York  City. 
Dear  Sir: 

I  beg  to  call  your  attention  once  more  to  the  condition  of  the  tracks  on  Amsterdam  Avenue,  upon 
which  complaints  continue  to  be  made  to  this  Commission. 

In  consequence  of  a  complaint  from  Emmet  L.  Woodson,  an  investigation  was  made,  from  which  it  ap- 
peared that  the  track  on  Amsterdam  Avenue  was  badly  corrugated  as  follows : 

Commencing  at  a  point  75  feet  south  of  145th  Street,  on  both  rails  of  southbound  track,  to  the  south 
side  of  144th  Street,  and  from  the  junction  of  Hamilton  Place  to  the  south  side  of  143rd  Street,  and  from 
a  point  75  feet  south  of  143rd  Street  to  142nd  Street. 

The  same  condition  exists  on  the  northbound  rails,  commencing  at  a  point  about  200  feet  north  of 
142nd  Street  and  extending  to  143rd  Street,  and  also  edmmencing  at  a  point  200  feet  north  of  143rd  Street 
to  the  south  side  of  144th  Street. 

The    rails   of   the    southbound    track    at    the    junction  of  Hamilton  Place  are  particularly  bad. 

In  view  of  the  number  of  complaints  received,  the  Commission  is  justified  in  asking  that  repairs  be 
made  at  once  and  that  you  inform  it  by  October  30th  when  such   repairs  may  be  completed. 

Yours  very  truly, 
EMR/DMQ  TRAVIS  H.  WHITNEY. 

Secretary. 


New  York,  October  26th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  City. 

Dear  Sir: 

I  have  yours  of  the  24th  in  respect  to  the  condition  of  the  track  on  Amsterdam  Avenue, 
asking  me  in  the  name  of  the  Commission  that  repairs  be  made  at  once,  and  that  you  be  informed 
by  October  30th  when  such  will  be  completed.    This  presents  rather  an  embarrassing  question 

161 


or  series  of  questions,  I  am  aware  that  the  tracks  at  the  particular  places  mentioned  by  you  are 
corrugated,  as  they  are  in  other  places.  I  haverecently  ordered  machines  for  grinding  out 
these  corrugations,  but  I  shall  not  receive  them  for  another  month  as  yet.  My  own  notion 
is  that  the  whole  of  these  tracks  have  got  to  be  relaid,  but  it  is  financially  impossible  for  me 
to  do  it  all  at  once,  and  while  I  am  prepared  to  make  any  temporary  repairs  which  will  stop  the 
complaints  or  satisfy  the  people,  I  am,  frankly  speaking,  embarrassed  to  know  exactly  what 
to  do.  I  cannot  lay  new  track  to  a  much  greater  extent  than  I  have  already  contracted,  as  I 
have  not  got  money  to  pay  for  it,  unless  I  abandon  the  purchase  of  some  of  my  new  cars, 
which  I  think  are  of  supreme  importance,  and  I  really  do  not  know  how  much  or  how  little 
repairing  it  is  necessary  to  do  to  satisfy  you  and  the  complainants.  Perhaps  if  you  send  the 
inspector  whom  you  have  had  to  make  the  investigation  on  Mr.  Woodson's  complaint,  to  me,  he 
might  be  able  to  help  me  in  seeing  what  it  is  possible  to  do. 

Yours  truly. 

Receiver. 

WESTMINSTER  PRESBYTERIAN  CHURCH 

of  West  Twenty-third  St.,  j 

New  York  City. 
Harlan  G.  Mendenhall,  Pastor.  311  West  Seventy-fifth  Street, 

New  York  City. 
October  29th,  1908. 
The  Public  Service  Commission, 

New  York  City. 
Gentlemen : 

Permit  me  to  call  your  attention  to  a  growing  abuse  on  the  part  of  the  trolley  lines  in  not  coming  to 
a  full  stop  at  cross  lines.  This  morning  at  9.30  o'clock  I  had  waited  for  ten  minutes  for  a  Brooklyn  car 
on  the  8th  Street  line  at  Astor  Place  in  the  space  opposite  the  Subway  station,  where  the  cars  are  supposed 
to  stop  and  where  all  of  the  Manhattan  cars  did  stop.  Among  the  waiting  passengers  were  two  ladies,  one 
a  mother  with  four  children.  Car  No.  50  came,  but  did  not  stop  until  it  came  opposite  to  Cooper  Union,  too 
far  for  the  mother  to  walk,  and  even  if  she  had  attempted  it  she  could  not  have  reached  the  car  before 
the  bell  had  been  rung  by  the  conductor. . 

At  11.55  o'clock  at  3d  Ave.  and  42d  St.,  a  Broadway  car  going  west  did  not  stop  until  it  reached  the 
west  side  of  Third  Ave.  None  of  the  passengers,  there  was  only  one  lady  here,  could  make  this  car  from 
the  east  side  where  we  were  standing,  before  the  bell  was  rung. 

A  few  nights  ago  a  Broadway  car  did  not  stop  from  24th  Street  to  between  22d  and  23d  Streets,  com- 
pelling passengers  to  walk,  many  of  them  ladies,  through  the  rain  to  the  N.  W.  cor.  of  23d  Street  to  get 
the   westbound   car. 

Other  flagrant  violations  have  been  observed  at  4th  Ave.,  6th  Ave.,  and  8th  Ave.  and  23d  Street.  At 
these  places  I  have  seen  ladies  with  children,  who  have  waited  for  some  time  for  their  car,  especially  at  6th 
Ave.,  have  it  pass  to  the  opposite  side,  while  they  had  to  remain  until  another  car  came,  standing  in  the 
meantime  in  the  rain.  Many  times  does  this  occur  at  4th  and  23rd,  where  the  car  does  not  come  to  a  stop 
until  it  reaches  the  Presbyterian  Church  near  22nd  Street,  going  South.  The  conductor  lays  the  blame  on 
the  flagman.    This  trouble  has  occurred  when  no  car  was  close  behind. 

Yours   very   truly, 

(Signed)    H.  G.  MENDENHALL. 

Frederick  W.  Whitridge,  Esq.,  New  York,  November  5th,  1908. 

Receiver,  42nd  St.,   Manhattanville  &  St.  Nicholas  Avenue  RR.  Co., 

65th  Street  &  Third  Ave.,  • 

New  York  Citj. 
Dear  Sir: 

The  Commission  has  received  the  communication  from  H.  G.  Mendenhall,  of  311  West  75th  Street,  of 
which  copy  is  herewith  sent  to  you  for  your  information  and  such  investigation  as  you  may  wish  to  make. 

162 


Please  answer  hereto  by  the  15th  day  of  November,  1908,  sending  a  copy  of  your  answer  to  the  com- 

iplainant  at  the  above  address. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
EMR/DMQ  Secretary. 

Enc. 


New  York,  November  6th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  5th,  enclosing  a  letter  from  Mr.  Mendenhall,  in  which  he  makes  a 
number  of  observations  about  what  he  supposes"  to  be  growing  abuses  on  the  part  of  street  rail- 
ways, none  of  which  have  any  application  to  the  lines  under  my  jurisdiction,  except  one  in 
which  he  says  that  at  Third  Avenue  and  42nd  Street  a  car  did  not  stop  until  it  reached  the  west 
side  of  Third  Avenue.  In  reply  thereto,  I  beg  to  say  that  that  is  where  it  should  have  stopped, 
and  it  should  not  have  stopped  anywhere  else.  Practically  everybody  that  uses  the  line  knows  it. 
This  gentleman  goes  on  to  say  that  "other  flagrant  violations  have  been  observed."     Flagrant 

violations  of  what? 

Yours  truly, 

Receiver. 


New  York,  November  4th,  1908. 
Frederick  W.  Whitridge,  Esq., 

Receiver,  42nd  St.,  Manhattanville  &  St.  Nicholas  Ave.  RR.  Co., 
Third  Ave.  &  65th  Street, 
New   York   City. 
Dear  Sir : 

In  connection  with  the  communication  of  the  Chairman  upon  complaint  matters,  I  beg  to  enclose  here- 
with copy  of  a  communication  received  from  Emerson  Stringham,  complaining  of  lack  of  heat  upon  a  car 
leaving  the  West  Shore  Ferry  House  at  12.45  A.  M.  on  November  ist. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
EMR/DMQ  Secretary. 

Enc. 


60  Wall  Street, 
New  York,  November  2nd,  1908. 
Public  Service  Commission, 
154  Nassau   Street. 

Gentlemen : 

The  car  of  the  Forty-second  Street  line  which  left  the  West  Shore  Ferry  House  at  12.45  A.  M.  Sun- 
day, November  ist,  was  entirely  unheated.  Probably  you  are  giving  attention  to  the  matter  of  car  heating, 
and  I  give  yo.u  this  information  merely  for  what  it  may  be  worth. 

I  would  send  a  copy  of  this  communication  to  the  receiver  of  the  road,  but  I  do  not  know  his  name. 

Very  truly, 

(Signed)     EMERSON    STRINGHAM. 
163 


New  York,  November  5th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,   Public   Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  ypurs  of  the  4th  enclosing  Mr.  Stringham's  complaint  about  the  lack  of  heat  in 
car  leaving  the  West  Shore  Ferry  at  12.45  A.  M.,  for  which  I  am  much  obliged  to  you.  I  suppose 
complaints  of  this  character  or  of  the  converse  will  now  come  frequently,  and  we  will  endeavor 
to  deal  with  them  with  our  usual  attention,  patience,  and  intelligent  desire  to  please  everybody, 
though  we  know  beforehand  that  it  cannot  be  done. 

Yours  truly. 

Receiver. 

New   York,   September  28,    1908. 
Frederick  W.  Whitridge,  Esq., 

Receiver,  Third  Avenue  Railroad  Company, 

6sth  St.  &  3rd  Ave.,  New  York  City. 

Dear  Sir: 

I  send  you  herewith,  a  copy  of  a  report  by  John  H.  Barnard,  Assistant  Electrical  Engineer,  dated  Sep- 
tember 28th,  which  has  been  approved  by  Electrical  Engineer  McLimont,  who  is  at  present  out  of  the  city. 
This  report  calls  attention  to  certain  matters  with  reference  to  the  150  P.  A.  Y.  E.  cars  ordered  by  the  Third 
Avenue  Railroad  Company.  These  matters  have  given  cause  for  considerable  complaint  with  reference  to 
the  operation  of  cars  in  this  district  and  are  believed  by  the  Commission  to  be  such  as  to  require  careful 
consideration  on  your  part. 

You  will  note  that  in  paragraph  numbered  "third"  certain  of  these  matters  are  spoken  of  concerning 
which  the  Electrical  Engineer  cannot  be  certain,  because  of  the  failure  to  file  drawings  in  accordance  with 
the  order,  an  oversight  to  which  your  attention  is  now  called. 

Commissioner  Maltbie,  together  with  the  Electrical  Engineer,  will  be  glad  to  discuss  with  you  or  any 
of  your  engineers  the  questions  involved  in  this  report  at  the  earliest  date  convenient  to  you.  It  may  be 
that  such  an  appointment  can  be  arranged  over  the  telephone. 

Yours  very  truly, 
THW/EH  TRAVIS  H.  WHITNEY, 

Enc.  Secretary. 


COPY 

In  re  Third  Avenue  Railroad  Company.     150   P.   A.   Y.    E.    Car   Specifications. 

September  28th,   1908.    . 
Travis  H.  Whitney,  Esq., 

Secretary. 
Sir: 

Referring  to  specifications  covering  the  150  P.  A.  Y.  E.  cars  which  have  been  submitted  by  the  Third 
Avenue  R.  R.  Co.  and  forwarded  by  you  under  date  of  September  21st,  this  office  has  the  following  com- 
ments to  make : 

First :  Trucks  carrying  more  than  one-third  of  total  weight  on  non-driven  wheels  and  leaving  less 
than  two-thirds  of  the  weight  to  be  propelled  applicable  for  traction,  fail  by  that  degree  by  giving  the  max- 
imum track  adhesion. 

Under  the  rail  conditions  prevailing  in  this  district,  in  the  winter  and  in  the  downtown  section  of 
Manhattan,  throughout  the  year,  it  cannot  be  understood  how  the  company  can  afford  to  sacrifice  any  pro- 
portion of  possible  track  adhesion,  but  it  is  still  more  impossible  to  see  how  the  use  of  such  a  truck  can  be 

164 


endorsed,   when  cars  with  such  trucks  give  daily  evidence  of  less   reliability  of  service  than  those  carrying 
the  total  weight  on  driving  wheels  and  are  continually  blocking  traffic  in  congested  streets. 

Again,  it  appears  that  these  cars  will,  or  may  be,  operated  on  the  Amsterdam  Avenue  grade,  which  is 
given  as  nine  per  cent,  for  looo  ft.,  under  which  conditions  the  sacrifice  of  any  obtainable  track  adhesion  in- 
troduces an  unnecessary  factor  of  danger. 

Second :  It  cannot  be  determined  from  the  specifications  whether  or  not  the  guaranty  of  temperature 
rises  are  based  upon  the  use  of  the  proposed  motors,  completely  enclosed,  or  with  the  covers  removed.  To 
the  practice  of  operating  enclosed  motors  unenclosed,  this  office  has  been  steadily  opposed  as  reducing 
the  reliability  aimed  at  in  the  design. 

Even  if  these  guarantees  are  upon  the  operation  of  the  motors  entirely  enclosed,  their  rated  power  is 
apparently  rather  low  for  economical  and  reliable  service   under   the   conditions    specified. 

Third :  As  the  type  of  air  brake  has  not  yet  been  decided,  and  in  the  absence  of  the  drawings  to 
which  reference  is  made  and  which  form  part  of  these  specifications,  it  is  impossible  to  pass  on  several  mat- 
ters of  more  or  less  importance,  such  as — 

Character  of  air  and  hand  brakes. 

Platform  steps, 

Platform  doors,  , 

Platform  seats. 

Light  wiring, 

Distribution  of  lights. 

Of  these,  those  pertaining  to  the  character  of  brakes,  and  to  the  matter  of  step  heights,  are  subjects 
which  have  heretofore  been  forcibly  brought  to  the  attention  of  this  Commission,  and  in  the  case  of  the 
former,  the  Amsterdam  Ave.  hill  demands  quick  and  reliable  application,  with  every  safeguard  against 
failure. 

For  the  reasons  above  cited,  this  office  cannot  recommend  the  approval  of  the  cars  described  by  these 
specifications,  as  it  is  not  believed  that  they  will  provide  the  public  with  the  service  afforded  by  cars  of 
like  class  now  operating  on  the  Madison  Ave.  line  of  the  New  York  City  Railway  Co.,  on  the  lines  of  the 
New  York  City  Interborough  Railway  Co.,  and  on  many  of  the  surface  lines  of  the  Brooklyn  Rapid  Transit, 
and  which  will  interfere  with  street  traffic  to  a  greater  extent  than  is  necessary. 

Respectfully, 

(Signed)     JOHN  H.  BARNARD, 
Assistant  Electrical   Engineer. 


New  York,  October  i,  1908. 
Fred.   W.  Whitridge,  Esq.,   Receiver, 

Dry  Dock,  East  Broadway  &  Battery  R.  R.  Co., 

42nd  Street,  Manhattanville  &  St.  Nicholas  Avenue  Railway  Company, 
Third  Avenue  Railroad  Company, 
Union  Railway  Company  of  New  York  City, 
65th  Street  and  Third  Avenue,  New  York  City. 

Dear  Sir: 

With  the  close  of  the  summer  season,  the  Commission  finds  it  necessary  to  emphasize  certain  matters 
requiring  special  efforts  to  secure  improvements.  First,  however,  it  is  important  to  call  your  attention  to 
the  fact  that  the  files  of  the  Commission  show  that  a  great  many  complaints  are  filed  alleging  inadequacy  or 
inattention  on  the  part  of  the  companies.  Thereupon  it  becomes  necessary  for  the  Commission,  under  the 
Act,  to  institute  proceedings  which  require  not  merely  the  tTme  of  inspectors  and  officers  of  the  Commission, 
but  also  to  too  great  an  extent  the  attendance  at  hearings  before  the  Commission  of  important  operating  offi- 
cials of  the  companies,  who  should  be  devoting  all  their  available  time  to  the  problems  of  the  public  service 
required  of  their  companies.  The  Commission  will  not  and  cannot  refrain  under  the  law  from  instituting 
such  proceedings  if  complaints  are  made  by  aggrieved  parties,  consequently  reduction  in  the  number  of  pro- 
ceedings can  only  come  from  a  reduction  of  the  causes  of  complaint.  It  therefore  urges  that  such  in- 
creased care  be  given  to  the  operation  of  your  lines  as  will  afford  the  best  service  to  the  public  with  as 
little  unnecessary  friction  or  inconvenience  as  possible.  Frequently  the  lack  of  courtesy  or  of  attention  to 
rules  on  the  part  of  employees  causes  irritation  to  a  class  of  patrons  that  is  wholly  unnecessary. 

In  accordance  with  the  above  suggestions,  the  Commission  therefore  asks  your  immediate  attention  to 
such  matters  as — 

16s 


(i)     Inadequate  service  during  non-rush  hours,  particularly  theatre  hours  and  church  hours  on  Sunday^ 

(2)  Too  protracted  operation  of  open  cars. 

(3)  irregular  headways   of  cars  or  trains.     Unnecessary  transferring  of  passengers  to  "car  ahead"  or 

"car  behind"    because  of  irregular  headways  or  for  no  sufficient  operating  reason. 

(5)  Lack  of  proper  heat  in  cars.  ^ 

(6)  Insufficient  ventilation,  arising  in  part  and  in  some  cases  from  attempting  to  keep  up  the  heat  ia 

cars  by  the  presence  of  passengers. 

(7)  Inadequate  light  in  cars. 

(8)  Lack  of  shelter  on  station  platforms  and  at  transfer  points. 

(9)  Smoking  and  spitting  in  stations  and  cars. 

These  were,  during  last  fall  and  winter,  prolific  sources  of  complaints.  They  are  believed  by  the  Com- 
mission to  be  so  capable  of  improvement  by  action  of  the  companies  themselves  without  orders  from  the 
Commission  as  to  produce  a  noticeable  change  of  public  opinion. 

While  calling  attention  to  these  specific  causes  of  frequent  complaints,  the  Commission  refers  you  to 
the  provisions  of  the  Public  Service  Commissions  Law,  requiring  the  furnishing  of  adequate  service  and 
to  the  utmost  importance  of  running  during  the  rush  hour  periods  of  cars  and  trains  to  the  maximum  physi- 
cal capacity  of  the  lines. 

Very  truly  yours, 

W.  R.  WILLCOX, 
• '    ;        1  Chairman. 


William  R.  Willcox,  Esq.,  New  York,  October  2nd,  1908. 

Chairman,  Public  Service  Commission, 
154  Nassau  Street,  New^  York  City. 
Dear  Sir: 

I  have  yours  of  the  first  instant.  The  matters  referred  to  therein  are,  of  course,  constantly 
"before  our  minds  and  I  shall  always  be  grateful  for  any  suggestions  your  Commission  can  make 
as  to  how  things  which  are  being  done  can  be  done  better. 

In  respect  to  the  ventilation  of  cars,  I  am  afraid  that  the  position  is  pretty  hopeless,  be- 
cause my  own  experience  has  been  that  there  is  about  an  equal  number  of  people  who  complain- 
that  the  cars  are  not  enough  ventilated  and  those  who  complain  that  they  are  too  much  venti- 
lated, just  as  there  are  about  an  equal  number  who  think  that  they  are  too  hot  or  too  cold. 

In  respect  to  the  nasty  habit  of  smoking  and  spitting,  it  occurs  to  me  that  your  Commis- 
sion can  be  of  great  assistance  to  the  Public  in  these  matters,  if  you  could  have  your  inspectors 
make  the  arrests  themselves.  It  is  exceedingly  difficult  for  a  conductor  to  leave  his  car  to  get 
a  policeman  to  make  the  arrest,  and  some  outside  body,  such  as  yourselves,  would  be  of  great 
assistance.     I  think  the  moral  effect  of  causing  it  to  be  known  that  you  intend  to  take  sucb 

action,  would  of  itself  have  a  deterrent  value. 

Yours  very  truly, 

Receiver. 

Travis  H.  Whitney,  Esq.,  New  York,  November  30th,  1908. 

Secretary,  Public  Service  Commission, 
New  York  City. 
My  dear  Sir: 

I  have  yours  of  the  28th  enclosing  a  copy  of  a  report  by  Mr.  John  H,  Barnard,  your  as- 
sistant electrical  engineer,  which  has  been  approved  by  your   electrical   engineer,   Mr.   McU- 

166 


mont.  I  am  very  sorry  that  Mr.  Barnard's  office  cannot  recommend  the  approval  of  the  oars 
described  in  the  specifications  submitted  to  him,  because  those  cars  have  been  ordered  and  will 
be  put  into  service  on  the  Third  Avenue  Road  next  month.  The  brake  to  be  applied  to  the 
car  was  not  ordered  until  my  return  last  month,  when  I  placed  an  order  to  equip  these  cars 
with  the  Westinghouse  straight  air  brake,  and  in  addition  they  will  be  equipped  with  the  Peacock 
hand  brake.  No  drawings  have  been  filed  in  respect  thereto,  because  I  haven't  any,  but  I  shall 
have  pleasure  in  sending  you  a  copy  of  the  specifications  attached  to  the  contract  for  these  brakes. 

In  reference  to  your  statement  of  my  failure  to  file  these  drawings  in  accordance  with  a 
certain  order  of  the  Commission,  I  respectfully  refer  you  to  my  letter  of  May  12th,  in  which 
I  informed  you,  if  I  remember  rightly,  that  I  should  be  very  happy  to  give  you  arty  informa- 
tion in  my  possession  in  respect  to  anything  which  I  was  doing  or  contemplated  doing,  but  that, 
as  the  responsibility  for  this  service  rested  entirely  upon  me,  I  could  not  furnish  you  with  any 
drawings  or  give  you  any  information,  if  it  was  your  purpose  to,  in  any  way,  change  the  speci- 
fications or  the  character  of  what  I  was  proposing  to  order,,  although  I  should  have  added — if 
I  did  not — that  I  should  welcome  any  suggestion  which  you  might  be  able  to  make  to  me.  I 
do  not  myself  see  any  necessity  for  a  conference  in  respect  to  this  matter,  but  I  shall  be  very 
happy  indeed  to  see  Mr.  Maltbie,  and  perhaps  he  will  do  me  the  honor  to  come  uptown  one  day 
next  week  to  lunch  with  me.  As  to  Mr.  McLimont,  I  respectfully  refer  you  to  the  last  para- 
graph of  my  letter  of  June  4th,  which  I  think  will  make  it  undesirable  for  him  to  have  a  consul- 
tation with  me. 

Referring  more  specifically  to  the  complaints  or  suggestions  in  your  assistant  electrical  en- 
gineer's report,  which  has  been  approved  by  your  electrical  engineer,  I  have  to  say — First,  the 
trucks  I  have  purchased  are  so  designed  that  ab  out  70  per  cent,  of  the  total  weight  on  each  truck 
is  applied  to  the  driving  wheels.  The  Metropolitan  Company,  after  extensive  experiments  and 
use  of  standard  trucks  and  four  motor  equipments,  has  in  its  last  order  for  125  cars  gone  back 
to  the  use  of  maximum  traction  trucks  with  two  motor  equipments,  and  the  Brooklyn  Rapid 
Transit  Company,  with  a  like  experience,  has  done  the  same. 

If  the  standard  type  of  truck  should  be  used,  it  would  be  necessary  to  use  four  motor 
equipments  on  each  car,  requiring  the  use  of  a  heavier  truck.  My  advisors  consider  the  use 
of  maximum  traction  trucks  with  two  motor  equipments  furnishes  more  reliable  service  than 
standard  trucks  with  four  motor  equipments,  as  with  four  motors  the  liability  of  trouble  is  prac- 
tically doubled,  increasing  the  possibility  of  breakdowns  in  the  service  correspondingly. 

For  years  cars  with  the  maximum  traction  trucks  have  been  operated  on  Amsterdam  Ave- 
nue with  its  heavy  grade,  and  we  do  not  believe  it  can  be  shown  that  any  accidents  that  have 
occurred  could  have  been  avoided  if  standard  trucks  had  been  used. 

The  present  practice  of  the  Manhattan  Elevated  and  the  Subway  Companies  of  this  City 
is  to  operate  motor  cars  with  two  motors  for  each  car,  the  two  motors  mounted  on  one  truck, 
and  the  cars  thus  equipped  have  50  per  cent,  traction,  and  in  addition  trailed  cars  are  used 
which  are  not  supplied  with  motors  at  all,  and  as  a  result  the  percentage  of  traction  is  consid- 
erably less  than  50  per  cent,  of  the  total  weight  moved  by  the  motors  as  compared  with  70  per 
cent,  traction  obtained  on  our  new  cars. 

I  may  also  point  out  to  you  that  a  large  number  of  cars  equipped  with  standard  trucks  and 

four  motor  equipments  were  formerly  in  service  on  the  lines  of  the  Third  Avenue  Railroad  Com- 

167 


pany  and  proved  so  unsatisfactory  that  more  than  two  thirds  of  them  have  been  sold,  and  we 
are  endeavoring  to  dispose  of  the  balance,  without  an  offer  of  any  kind  having  been  made  for 
them. 

Second.  The  guaranteed  temperatures  of  the  motors  as  called  for  in  our  specifications  are 
based  on  tests  with  the  motors  completely  enclosed,  and  the  temperatures  we  have  specified  are 
considerably  below  those  adopted  as  standard  by  the  American  Institute  of  Electrical  En- 
gineers, and  which  has  been  accepted  by  all  electric   railroads   of   importance    in   this   country. 

To  determine  the  size  of  motors  to  be  used  upon  the  cars  of  the  Metropolitan  Company 
recently  ordered,  the  bodies  of  which  are  four  feet  larger,  and  the  platforms  slightly  longer  than 
the  P.  A.  Y.  E.  cars  for  the  Third  Avenue  Company,  that  Company's  engineers,  in  conjunction 
with  those  of  the  General  Electric  Company,  conducted  exhaustive  tests  of  the  General  Electric 
2IO  motor  with  the  result  that  with  the  heavier  cars  the  motors  were  capable  of  meeting  service 
conditions  at  temperatures  well  within  those  called  for  in  our  specifications. 

From  an  operating  standpoint,  we  estimate  that  if  four  motor  equipments  were  used  upon 
our  new  cars,  and  if  each  of  them  were  operated  lOO  miles  per  day  the  increased  cost  of  power 
over  that  required  by  two  motor  equipments  would  amount  to  approximately  $ioo  per  day,  with- 
out the  slightest  increase  in  the  efficiency  of  the  service  or  accommodation  to  the  public. 

I  may  add  that  the  P.  A.  Y.  E.  cars  which  I  have  ordered  for  the  Third  Avenue  Road  weigh 

six  tons  less  than  the  cars  now  in  use  on  Madison  Avenue,  and  will  cost  from   1500  to  2000 

Dollars  less  than  the  double  truck  equipped  cars,  which  your  assistant  electrical  engineer  appears 

to  have  in  mind  as  a  desirable  thing,  although  I  am  bound  to  confess  that  some  of  the  sentences 

in  his  report  are  so  cryptic  that  I  do  not  know  exactly  what  he  means.     Possibly    it    would    be 

desirable  and  illuminating  if  Mr.  Barnard  would  go  over  to  Philadelphia  and  look  at  the  P.  A. 

Y.  E.  car  which  has  been  set  up  as  a  sample  for  me,  and  which  I  will  be  happy  to  give  him  an 

order  to  inspect. 

Yours"  truly, 

Receiver. 


New  York,   October  21st,   J908. 
Frederick  W.  Whitridge,   Receiver, 

For  the   Third  Avenue   Railroad   Co., 
6sth   Street  and  Third  Ave.,  City. 
Dear  Sir: 

I  beg  to  acknowledge  receipt  of  your  favor  of  the  20th  inst.  relative  to  operation  by  the  Dry  Dock 
Co.  of  cars  over  the  Williamsburg  Bridge.  There  should  be  filed  with  this  Commission  for  the  records 
of  our  Bureau  of  Franchises  verified  copies  of  all  documents,  letters  or  judicial  orders  establishing  or  inter- 
preting the  rights  of  the  Dry  Dock  Co.  in  this  matter.  We  have  a  copy  of  the  original  contract  between 
the  New  York  City  Railway  Co.  and  the  City  of  New  York,  but  we  do  not  have  any  copies  of  later 
agreements  establishing  the  rental  to  be  paid  by  the  Dry  Dock  Co.  or  the  terms  upon  which  it  is  now 
operating  these  cars.    Will  vou  kindly  supply  these  documents  at  once? 

Yours  very  truly, 

(Signed)     TRAVIS   H.  WHITNEY, 

Secretary. 

168 


New  York,  October  26th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City, 
Dear  Sir: 

I  have  yours  of  the  21st  in  respect  to  the  records  of  the  arrangement  under  which  our  cars 
run  over  the  Williamsburg  Bridge.  In  further  reply  to  your  request  in  respect  to  this  matter, 
I  have  to  say  that  there  are  no  documents,  agreements,  or  judicial  orders  in  respect  to  it.  My 
negotiations  with  the  other  Receivers  were  conducted  largely  by  conversations  which  resulted 
in  an  exchange  of  letters,  copies  of  which  I  send  you  herewith,  fixing  the  rental  under  the  orig- 
inal contract  between  the  New  York  City  Receivers  and  the  City  authorities,  which  contract  I 

understand  you  have. 

Yours  truly, 

Enclosures :  Receiver. 


New    York,    November    19,    1908. 
Frederick  W.  Whitridge,   Esq.,  Receiver, 

Dry  Dock,  East  Broadway  &  Battery  Railroad  Co., 

65th  Street  and  Third  Avenue,  New  York  City. 

Dear   Sir: 

I  beg  to  acknowledge  receipt  of  your  favor  of  the  26th  ult.,  with  copies  of  letters  dated  April  24th 
and  April  25th,  1908,  exchanged  by  you  and  the  former  receivers  of  the  New  York  City  Railway  Company 
relative  to  the  operation  of  Dry  Dock  cars  on  the  Williamsburg  Bridge.  The  agreement  established  by  these 
letters  seems  to  us  to  come  clearly  within  the  terms  of  Section  54  of  the  Public  Service  Commissions  Law, 
and  is  subject  to  the  approval  of  this  Commission. 

Very  truly  yours, 

(Signed)     TRAVIS  H.  WHITNEY, 

Secretary. 


New  York,  November  20,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  City. 

My  dear  Sir: 

I  have  yours  of  the  19th  informing  me  that  the  agreement  established  by  the  letters  sent 
you  in  my  letter  of  the  26th  ult.,  seems  to  you  to  come  clearly  within  Section  54  of  the  Public 
Service  Commissions  Law,  and  is  subject  to  the  approval  of  the  Commission.  Assuming  that 
your  view  of  the  Law  is  correct,  I  shall  be  obliged  if  you  will  inform  me  whether  or  not  the 
Commission  approves  the  agreement.  So  far  as  I  am  concerned,  the  matter  is  one  to  which  I 
am  indifferent. 

Yours  truly. 

Receiver. 
169 


Fred'k   W.    Whitridge,   Esq.,  New  York,  November  23rd,  1908. 

Receiver,    Third    Avenue    Railroad    Co., 
65th  Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir: 

Responding  to  your  favor  of  the  20th  inst.,  relative  to  the  agreement  established  by  letters  exchanged 
between  you  and  the  former  receivers  for  the  New  York  City  Ry.  Co.,  relative  to  the  operation  of  cars, 
over  the  Williamsburg  Bridge,  I  beg  to  state  that  if  you  will  make  application  in  the  usual  way  for  the- 
approval   of  this   agreement,   the  matter   will   receive  the  attention  of  the  Commission. 

Yours  very  truly, 

(Signed)     TRAVIS  H.  WHITNEY, 

Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  December  19,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  your  several  letters  of  the  i8th  with  enclosures  therein  stated,  for  which  I  am  much 
obliged  to  you. 

This  is  the  third  pamphlet  I  have  received  from  the  Commission  ordering  us  how  to  keep 
our  accounts.  Perhaps  I  may  be  pardoned  for  inquiring  whether  this  last  represents  the  Com- 
mission's final  or  at  least  its  matured  views,  or  whether  we  may  expect  the  emission  of  fur- 
ther editions  of  this  Order.  I  perceive  that  your  statistician  has  provided  for  the  collection  of 
statistics  of  the  "seat  miles."  I  cannot  find  anybody  in  my  employ  who  ever  heard  of  any  Com- 
pany which  voluntarily  went,  or  was  put  to,  the  expense  of  collecting  such  statistics,  and  I 
should  be  much  obliged  if  you  would  inform  me  whether  there  is  any  precedent — outside  of 
Buenos  Aires — for  those  statistics,  or  whether  the  necessity  for  them  in  this  case  is  evolved  from 
the  caverns  in  your  statistician's  own  consciousness  for  his  own  private  gratification. 

Yours  truly, 

Receiver. 

PUBLIC  SERVICE  COMMISSION,  ' 

154  Nassau   Street. 
Frederick  W.  Whitridge,  Esq.,  New  York,  December  22,  1908. 

Receiver,  Third  Avenue  Railroad  Company, 
65th  Street  and  Third  Avenue, 
New  York  City. 
Dear   Sir: 

Replying  to  your  letter  of  the  19th,  on  the  subject  of  Accounting  Order  of  December  8th,  I  beg  to 
advise  you  that  this  is  the  only  Order  that  the  Commission  had  adopted  for  the  establishment  of  uniform 
accounts  to  be  used  by  street  railroad  corporations,  under  Section  52  of  the  Public  Service  Commissions  Law. 
Under  date  of  July  6th  the  Commission  issued  and  served  upon  the  street  railroad  corporations  under  its 
jurisdiction,  a  tentative  classification  of  accounts,  which  included  on  its  title  page  the  work  "Proposed"  in 
sufficiently  large  type.  The  Commission  thereupon  gave  hearings  on  this  proposed  classification  of  accounts 
and  invited  suggestions  from  companies.  No  appearance  was  entered  for  your  company  at  any  of  the 
hearings,  and  the  memorandum  prepared  by  your  Chief  Accountant  and  transmitted  in  your  letter  of 
July  22nd,  contained  no  criticism  whatsoever  of  the  account  of  Seat  Miles. 

Very  truly  yours, 

(Sgd)     TRAVIS  H.  WHITNEY, 

Secretary. 
170 


Travis  H.  Whitney,  Esq.,  New  York,  December  22,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 

My  dear  Sir: 

I  have  yours  of  the  19th  together  with  the  last  blue  print  tabulating  the  traffic  to  and  from 
Brooklyn,  etc.,  for  which  I  am  much  obliged  to  you. 

I  do  not  quite  see  the  use  of  these  tables,  but  I  am  happy  to  observe  from  the  last  one  that 

apparently  500  people  who  came  from  Brooklyn  a  fortnight  ago  have  now  gone  back,  although 

it  would  appear  from  the  statistics  that  there  are  still  a  number  of  Brooklynites  lurking  either 

here  or  in  Jersey  City. 

Yours  truly, 

Receiver. 

George  S.  Coleman,  Esq.,  New  York,  December  22nd,  1908. 

Counsel,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  received  four  summonses  and  four  complaints  from  you  as  Counsel  of  the  Public 
Service  Commission  for  the  recovery  of  penalties  for  failure  to  file  the  reports  of  the  Third 
Avenue,  Dry  Dock,  42nd  Street  and  Union  Railway  Companies. 

I  employed  the  firm  of  Marwick,  Mitchell  &  Company  three  months  ago,  to  prepare  these 
reports,  and  I  understood  that  the  Third  Avenue,  the  Dry  Dock  and  the  Union  reports  were 
completed,  and  I  directed  that  they  should  be  filed  two  or  three  weeks  ago.  There  seems  to  have 
been  some  hitch  about  the  affidavits,  all  caused  by  the  changes  in  the  form  of  reports  ordered 
by  the  Commission,  exactly  what  I  do  not  know,  and  I  understand  that  those  reports  have  now 
been  filed;  if  they  have  not  it  is  pure  oversight  on  the  part  of  the  accountants. 

The  42nd  Street  reports  have  not  been  prepared  because  all  the  books  of  that  concern  are 
before  the  Master  in  Chancery,  and  I  have  now  made  an  arrangement  with  him  by  which  Mar- 
wick &  Mitchell  shall  have  access  to  them  in  his  office,  so  these  will  be  prepared  as  quickly  as 
possible.  There  are  one  or  two  other  reports  from  subsidiary  companies  which  have  not  been 
prepared  because  the  books  were  absolutely  lost,  but  they  have  now  been  tracked  and, the  reports 
are  in  process  of  preparation. 

It  seems  to  me  that  I  have  done  everything  I  can  in  the  premises.  At  all  events,  I  have 
spent  several  thousand  dollars  to  get  the  accounts  made  up  and  have  addled  my  mind  trying  to 
understand  the  various  editions  of  the  Orders  of  the  Commission  in  respect  to  these  accounts. 
Of  course  I  do  not  want  to  have  any  litigation,  nor,  I  suppose,  does  the  Commission,  merely  for 
the  fun  of  it. 

Will  you  please  advise  me  what  course  I  should  take  in  reference  to  these  suits,  if,  as  I  under- 
stand, the  reports  are  now  in  the  hands  of  the  Commission? 

Yours  truly. 

Receiver. 
171 


New  York,  December  31,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

In  addition  to  the  suits  brought  against  me  as  Receiver,  your  Commission  has  brought  suits 
against  the  Southern  Boulevard  Company,  the  Bronx  Traction  Company,  and  the  Kingsbridge 
Railway  Company  for  failure  to  file  reports  in  accordance  with  the  form  prescribed  by  the  Com- 
mission, which  I  now  understand  was  merely  a  tentative  form  subsequently  corrected  by  Pam- 
phlet No.  2  and  not  crystallized  into  an  Order  until  the  issue  of  Pamphlet  No.  3.  I  am  in- 
formed by  Messrs.  Marwick  &  Mitchell  that  the  reports  of  the  Southern  Boulevard  Company 
and  the  Kingsbridge  Railway  Company  have  actually  been  delivered  to  you.  I  have  already 
written  you  that  the  books  of  the  Bronx  Traction  Company  had  been  absolutely  lost  and  were 
only  found  this  month  in  one  of  the  lawyer's  offices,  and  the  report  is  now  being  prepared  by 
Messrs.  Marwick  &  Mitchell  as  quickly  as  possible.  I  have  talked  with  Mr.  Coleman  over  the 
telephone  of  the  disposition  of  these  suits,  and  I  shall  be  obliged  if  you  will  advise  me  formally, 
as  quickly  as  may  be,  what  is  to  be  done  about  them. 

Yours  truly. 

Receiver. 


172 


PREFACE    TO    VOLUME    II. 

This  second  volume  of  correspondence  with  the  PubHc  Service  Commission  is  paged  con- 
secutively to  the  first  and  is  as  dreary  as  the  other.  The  Commission  have,  to  my  great  re- 
gret, forced  an  issue  with  me  on  the  subject  of  the  valuation  of  the  properties  under  my  care.  It 
is  perhaps  not  fair  to  judge  the  Commission  about  this  until  they  have  disclosed  the  purpose, 
manner  and  scope  of  that  valuation.  At  present  they  have  refused  to  answer  all  questions 
in  respect  thereto.  I  am  informed,  however,  that  they  have  had  for  the  last  ten  months  from 
25  to  60  men  continually  employed  on  what  they  call  "a  valuation."  I  find  nothing  in  the  Law 
to  authorize  it,  or  which  would  make  a  "valuation"  of  any  legal  efficacy  if  made.  The  origin 
of  a  State  valuation  of  properties  was,  I  believe,  the  notion  that  it  has  some  relation  through 
nominal  capitalization  to  the  fixing  of  rates,  but  that  notion  is  now  pretty  well  exploded.  I 
suppose  the  Commission  have  the  right  to  educate  themselves  in  any  way  they  please,  but  a 
State  valuation  of  these  street  railroads  is  legally  unwarranted,  economically  unsound,  and  prac- 
tically futile  and  mischievous,  and  I  am  bound  to  consider  that  the  public  money  is  squan- 
dered in  making  it. 

I  have  added  to  this  correspondence  the  Complaints  and  Answers  in  two  suits  brought 
against  me  by  the  Commission  for  the  recovery  of  penalties.  The  first  is  identical  with  six 
other  complaints.  The  first  of  these  cases  came  to  trial  and  the  complaint  was.  dismissed  by 
the  Court.  Subsequently,  the  Commission  moved  to  dismiss  six  other  complaints  of  the  same 
class,  and  in  the  Case  in  respect  to  the  Fort  George  Loop,  the  Commission  brought  an  action 
for  $75,000  and  recovered  a  verdict  of  $1.00.  I  should  be  surprised  if  the  Commission  had, 
before  bringing  these  suits,  consulted  their  own  Counsel,  and  I  had  intended  to  say  something 
about  them  after  they  were  tried. 

On  the  record  made  by  the  Commission,  however,  it  appears  to  me  that  any  just  comment 
would  be  cruel,  and  I  am  only  justified  in  pointing  out  that  I  have  been  subjected  to  much  ex- 
pense by  the  Commission  without  warrant  or  result. 

F.  W.  WHITRIDGE. 


173 


Order  No.  613,  dated  June  26,  1908,  prescribed  the  form  of  Annual  Reports  for  the  year  ending 
June  30,    1908. 

On  October  9th,  1908,  the  Commission  made  the  following  order  No.  767,  modifying  the  form  of 
Annual    Reports    for   the   year    ending   June   30,    1908. 

TRIBUNE  BUILDING,- 

154   Nassau  Street, 

BOROUGH  OF  MANHATTAN, 

CITY    OF    NEW  YORK. 
STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter 

^^  ^^^                                                                   (  Order  No.  767. 

Filing  of  Annual  Reports  by  STREET  RAILROAD  CORPORATIONS  within  )  Modifying  form  of 

the  jurisdiction   of  the   Public   Service   Commission  for  the   First   District   in  \  Annual  Report, 
accordance  with  Section  46  of  the  Public  Service  Commissions  Law. 

An  order  of  the  Commission,  No.  613,  having  been  made  and  filed  herein  on  or  about  the  26th  day 
of  June,  1908,  approving  and  prescribing  a  form  of  Annual  Report  to  be  filed  by  all  street  railroad 
corporations  subject  to  the  jurisdiction  of  the  Commission  in  accordance  with  the  provisions  of  Sec- 
tion 46  of  the  Public  Service  Commissions  Law,  and  a  certified  copy  of  said  Order  with  two  copies  of 
the  form  therein  prescribed  having  been  duly  served  upon  all  such  street  railroad  corporations,  and 
it  appearing  that  certain  modifications  should  be  made  in  said  form  so  prescribed, 

NOW,  on  motion  made  and  duly  seconded,  it  is 

RESOLVED:  That  the  form  of  Annual  Report  for  street  railroad  corporations  within  the  jurisdic- 
tion of  the  Public  Service  Commission  for  the  First  District,  as  prescribed  by  Order  No.  613  above 
mentioned,  be,  and  the  same  hereby  is,  modified  in  accordance  with  the  following  Schedule  of  Modifica- 
tions: 

SCHEDULE  OF  MODIFICATIONS. 

Page  4.  Strike  out  the  last  sentence  of  the  inquiry.  Omit  filling  out  the  column  headed  Annual 
Salary  Attached  to  the  Oflfice,  June  30,  1908. 

Page  5.  Omit  3. 

Page   7.   Inquiry   No.   I.  After  the  word  "meeting"  insert  "for  the  election  of  directors." 

Page  9.  Strike  out  the  entire  page. 

Page  10.  Strike  out  the  entire  page. 

Page  13.  Strike  out  the  entire  page. 

Pages  22  and  23.  Strike  out  the  entire  pages. 

Page  31.  Strike  out  the  entire  page. 

Page  32.  Add  to  inquiry  No.  3  the  words,  "and  ordinary  surety  bonds  and  undertakings  on  appeals 
in  court  proceedings."  Add  to  inquiry  No.  4,  "nor  does  it  include  ordinary  surety  bonds  or  undertak- 
ings on  appeals  in  court  proceedings." 

Page  35.  At  the  end  of  the  third  line  strike  out  the  word  "and"  and  at  the  beginning  of  the  fourth 
line  the  words  "an  estimate  should  be  made  for  the  distribution  of  the  total  expenditures  among  the 
accounts  named." 

Page  50.  Interpret  this  inquiry  to  mean  the  number  of  units  on  the  equipment  list,  whether  in  shop, 
awaiting  shop  or  on  the  road.  The  inquiry  in  column  5  headed  "Minimum  Number  in  Service  Dur- 
ing the  Year"  may  be  omitted. 

Page  59.  Lower  half  of  the  page.  In  the  schedule  entitled  Hired  Equipment,  the  inquiry  for  the  total 
number  of  units  of  service  is  designed  to  call  for  the  units  of  service  expressed  in  accordance  with 
the  terms  of  the  contract  under  which  the  hire  accrues.  If  the  hire  accrues  upon  the  basis  of  equip- 
ment miles  the  entry  should  be  in  the  column  headed  Miles;  if  upon  the  basis  of  equipment  days,  in 
the  column  headed  Days;  if  upon  some  other  basis,  the  entry  should  be  in  the  column  headed  Other 
Units  and  the  units  should  be  designated. 

Page  66.  In  the  schedule  of  "Other  Rents  Accrued — Debits,"  the  columns  headed  "Rate  of  Rent 
Per  Month"  and  "Number  of  Months  Occupied,"  may  be  omitted. 

Page  78.  In  the  first  line,  for  the  words  "were  in  force  at  any  time"  substitute  the  words  "became 

effective." 

174 


Frederick  W.  Whitridge,  Esq.,  New  York,  October  12,  1908. 

Receiver, 

Union    Ry.    Co., 

Third   Ave.    &   65th   Street, 
New  York  City. 
Sir: 

Herewith  is  transmitted  a  duly  certified  copy  of  Order  No.  776  of  this  Commission  upon  the  com- 
plaint of  Nathan  A.  Warren,  by  Charles  E.  Otis,  45  Warburton  Avenue,  Yonkers,  N.  Y.,  in  the  matter 
of  the  discontinuance  of  through  routes  and  joint  rates  between  the  City  of  Yonkers  and  The  City 
of  New  York. 

Rule  VIII  adopted  by  the  Public  Service  Commission  requires  the  original  answer  to  be  filed  with  the 
Secretary  of  the  Commission  at  its  office  within  the  time  specified,  and  a  copy  thereof  at  the  same  time 
be  served  personally  or  by  mail  upon  the  complainant,  and  the  Commission  so  notified. 

The  answer  must  specifically  admit  or  deny  the  material  allegations  of  the  complaint,  and  also  set 
forth  the  facts  which  will  be  relied  upon  to  support   any   such   denial.     If   satisfaction   is   made  before 
answering,  a  written  acknowledgment  thereof  by  the  complainant  must  be  filed. 
DMQ  Yours  very  truly, 

Enc.  TRAVIS  H.  WHITNEY. 

O — 776  Secretary. 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


Order  for  Answer. 
No.    776. 


NATHAN  A.  WARREN, 

Complainant, 
vs. 

LESLIE  SUTHERLAND,  Receiver  of  Yonkers  Railroad  Company,  and 
FREDERICK  W.  WHITRIDGE,  Receiver  of  Union  Railway  Company  of 
New  York  City, 

Defendants. 

This  matter  coming  on  upon  the  complaint  of  Nathan  A.  Warren,  by  Charles  E.  Otis,  his  attorney, 
of  No.  45  Warburton  Avenue,  Yonkers,  New  York,  bearing  date  October  8,  1908,  by  which  it  appears 
that  said  complainant  is  aggrieved  by  acts  done  or  omitted  to  be  done  by  said  Leslie  Sutherland,  Re- 
ceiver of  the  Yonkers  Railroad  Company,  and  Frederick  W.  Whitridge,  Receiver  of  the  Union  Railway 
Company  of  New  York  City,  defendants,  and  set  forth  in  said  complaint,  which  are  claimed  to  be  in 
violation  of  some  provision  of  law  or  of  the  terms  and  conditions  of  defendants'  franchises  or  of  an 
order  of  this   Commission, 

NOW,  upon  said  complaint  it  is 

ORDERED:  That  a  copy  of  the  said  complaint  be  forwarded  to  the  said  defendants,  and  that  the 
matters  therein  complained  of  be  satisfied  or  the  charges  in  said  complaint  set  forth  be  answered  by 
said  defendants  within  five  days  after  service  upon  them  of  this  order,  exclusive  of  the  day  of  service. 

PUBLIC  SERVICE  COMMISSION, 
STATE  OF  NEW  YORK. 

In  the  Matter  \ 

of  / 

The  discontinuance  by  the  YONKERS  RAILROAD  COMPANY  and  the\ 
UNION  RAILWAY  COMPANY  OF  THE  CITY  OF  NEW  YORK  off 
through  routes  between  the  City  of  Yonkers  and  the  City  of  New  York  over) 
certain  continuous  lines  of  street  railroads. 

PETITION   OF   NATHAN  A.   WARREN. 

To  the   Honorable  The   Public   Service   Commissions  for  the    First   and   Second    Districts    of   the    State   of 
New  York: 
Your  petitioner,  aggrieved  and  injured  by  and  because  of  the  acts  of  the  Yonkers  Railroad  Company, 


Leslie  Sutherland,  as  temporary  receiver  of  the  Yonkers  Railroad  Company,  The  Union  Railway  Company 
of  the  City  of  New  York,  and  Frederick  W.  Whitridge,  as  receiver  of  the  Union  Railway  Company  of 
the  City  of  New  York,  praying  relief  from  your  honorable  commissions,  herewith  respectfully  alleges : 

I. — He  is  a  resident  of  the  City  of  Yonkers,  State  of  New  York. 

II. — The  Yonkers  Railroad  Company  is  a  street  railroad  corporation,  whose  lines  of  railroad  are 
located  principally  within  the  City  of  Yonkers,  State  of  New  York,  no  portion  of  such  lines  lying  within 
the  City  of  New  York,  and  Leslie  Sutherland,  as  temporary  receiver  of  said  railroad  company,  appointed 
by  the  Supreme  Court  of  the  State  of  New  York,  is  operating  and  managing  said  railroad  company,  trans- 
porting persons  and  property  on  the  lines  thereof. 

III. — The  Union  Railway  Company  of  the  City  of  New  York  is  a  street  railroad  company  whose 
lines  of  railroad  are  located  principally  within  the  Borough  of  the  Bronx,  City  of  New  York,  and  Frederick 
W.  Whitridge,  as  receiver  of  said  railroad  company,  appointed  by  the  United  States  Circuit  Court  of  the 
Southern  District  of  New  York,  is  operating  and  managing  said  railroad  company,  transporting  persons  and 
property  on  the  lines  thereof. 

IV. — There  exist  the  following  continuous  lines  of  street  railway  from  points  within  the  City  of 
Yonkers  to  points  within  the  City  of  New  York  (the  southerly  boundary  line  of  the  City  of  Yonkers 
being  coincident  with  the  northerly  boundary  line  of  the  City  of  New  York)  : 

1.  The  South  Broadway  line,  extending  from  Getty  Square  in  the  City  of  Yonkers  southerly  along 
South  Broadway  into  the  Borough  of  the  Bronx,  City  of  New  York,  to  the  terminal  of  the  Subway  at 
240th    Street   and    Broadway. 

2.  The  Bedford  Park  Line,  extending  from  the  intersection  of  McLean  Avenue  and  South  Broadway 
in  the  City  of  Yonkers,  southeasterly  along  McLean  Avenue  to  Webster  Avenue,  thence  southerly  along 
Webster  Avenue  into  the  Borough  of  the  Bronx,  City  of  New  York,  to  the  terminal  of  the  Third  Avenue 
Elevated  Road  at  Pelham  Road. 

3.  The  Jerome  Avenue  Line,  extending  from  the  intersection  of  Yonkers  Avenue  and  Central  Avenue 
in  the  City  of  Yonkers,  southerly  along  Central  Avenue  into  the  Borough  of  the  Bronx,  City  of  New 
York,  and  thence  along  Jerome  Avenue  to  the  terminal  of  the  Sixth  and  Ninth  Avenue  Elevated  Roads 
at    155th    Street    and    Eighth    Avenue. 

4.  The  Webster  Avenue  line,  extending  from  the  intersection  of  the  Yonkers  Avenue  and  the  Bronx 
River  Road  in  the  City  of  Yonkers,  southerly  along  the  Bronx  River  Road  to  Webster  Avenue,  thence 
southerly  along  Webster  Avenue  into  the  Borough  of  the  Bronx,  City  of  New  York,  to  the  terminal  of 
the  Third  Avenue  Elevated  Road  at  Pelham  Road. 

V. — Your  petitioner  is  informed  and  believes  that  the  portions  of  each  of  the  continuous  lines  of 
street  railway  hereinbefore  set  forth  which  lie  within  the  City  of  Yonkers  are  owned  by  the  Yonkers 
Railroad  Company,  and  that  portions  of  each  of  said  lines  which  lie  within  the  City  of  New  York  are 
owned  by  the  Union  Railway  Company,  and  that  the  portions  of  said  continuous  lines  owned  by  said 
Union    Railway   Company   are   respectively   of   the    following  lengths : 

On  the  South  Broadway  line,  from  the  southerly  line  of  the  City  of  Yonkers 

to   the    Subway  terminal   at   240th    Street    1.54  miles 

On  the  Bedford  Park  line  and  Webster  Avenue  line  (said  lines  meeting 
at  the  southerly  line  of  the  City  of  Yonkers),  from  the  southerly  line 
of  the  City  of  Yonkers  to  the  terminal  of  the  Third  Avenue  Elevated 
Railway  at  Pelham  Road ;..... 2.58  miles 

On  the  Jerome  Avenue  line,  from  the  southerly  line  of  the  City  of  Yonkers 
to  the  terminal  of  the  Sixth  and  Ninth  Avenue  Elevated  roads  at 
155th  Street  and  8th  Avenue • u .6.71  miles 

VI. — For  many  years  last  past  and  to  and  including  the  7th  day  of  October,  1908,  through  cars 
have  been  operated  on  each  of  said  continuous  lines  of  street  railway,  conveying  passengers  without 
change  of  cars  to  and  from  the  City  of  Yonkers  and  the  respective  terminals  of  said  lines,  at  a  through 
fare  for  such  transportation  at  no  time  exceeding  five  cents,  and  such  operation  has  furnished  a  convenient 
and  necessary  means  to  thousands  of  residents  of  the  City  of  Yonkers,  including  your  petitioner,  of  trans- 
portation to  and  from  various  points  in  the  City  of  New  York  over  such  continuous  lines  of  street 
railway,  and  on  the  Subway  or  Elevated  roads  connecting  therewith   at   their   respective   terminals. 

176 


VII. — From  and  since  midnight  on  the  7th  day  of  October,  1908,  the  operation  of  the  through  routes 
aforesaid,  and  the  running  of  through  cars  thereon,  have  been  discontinued  by  Leslie  Sutherland,  tem- 
porary receiver  of  the  Yonkers  Railroad  Company,  and  Frederick  W.  Whitridge,  receiver  of  the  Union 
Railway  Company,  over  the  portions  of  said  continuous  lines  of  street  railway  lying  within  the  City  of 
Yonkers.  Cars  of  the  Yonkers  Railroad  Company  are  being  operated  to  and  from  the  southerly  boundary 
line  of  the  City  of  Yonkers,  and.no  further;  and  over  the  portions  of  said  continuous  lines  of  street  railway 
lying  within  the  Borough  of  the  Bronx  in  the  City  of  New  York,  cars  of  the  Union  Railway  Company 
are  being  operated  to  and  from  the  southerly  boundary  line  of  the  City  of  Yonkers,  and  no  further. 
Residents  of  the  City  of  Yonkers,  desirous  of  traveling  between  the  City  of  Yonkers  and  the  terminals  of 
the  Elevated  and  Subway  railroads  in  the  Borough  of  the  Bronx  in  the  City  of  New  York  over  the 
aforesaid  continuous  line  of  street  railway  are  not  only  compelled  to  change  from  the  cars  of  the  Yonkers 
Railroad  Company  to  the  cars  of  the  Union  Railway  Company,  or  vice  versa,  at  the  southerly  boundary  line 
of  the  City  of  Yonkers,  but  are  compelled  to  pay  a  fare  of  five  cents  to  each  company  for  transportation 
over  its  respective  portions  of  said  continuous  lines  of  street  railway,  making  a  total  charge  for  such  trans- 
portation of  ten  cents,  which  said  rate  or  fare,  your  petitioner  alleges,  is  unjust,  unreasonable  and  excessive. 

VIII. — Your  petitioner  is  informed  and  believes  that  heretofore  and  for  a  year  last  past,  the  average 
number  of  passengers  traveling  daily  between  the  City  of  Yonkers  and  the  terminals  of  the  Elevated 
and  Subway  railroads  in  the  Borough  of  the  Bronx  in  the  City  of  New  York  over  said  continuous 
lines  of  street  railway  aforesaid  has  been  upwards  of  twenty-five  thousand;  and  your  petitioner  alleges 
that  the  discontinuance  of  said  through  routes  aforesaid,  and  the  exaction  of  a  charge  of  ten  cents  for 
transportation  between  points  on  the  lines  of  the  Yonkers  Railroad  Company  and  the  terminals  of  the 
Elevated  and  Subway  railroads  in  the  Borough  of  the  Bronx  in  the  City  of  New  York  do  and  will  work 
a  great  and  irremediable  hardship,  inconvenience  and  imposition,  not  only  on  your  petitioner,  but  on  thou- 
sands of  other  residents  of  Yonkers. 

WHEIREFORE,  your  petitioner  prays  that  a  joint  order  of  your  Honorable  Commissions  b^  issued, 
directed  to  the  Yonkers  Railroad  Company  and  Leslie  Sutherland,  as  temporary  receiver  of  the  Yonkers 
Railroad  Company,  and  to  the  Union  Railway  Company  of  the  City  of  New  York,  and  Frederick  W. 
Whitridge,    as    receiver    of    the    Union    Railway    Company  of  the   City  of   New  York, 

1.  Requiring  said  companies  and  receivers : 

a.  To    establish    through    routes    over    the    following  continuous   lines   of  transportation: 

(i)  The  South  Broadway  line  extending  from  Getty    Square    in    the    City   of   Yonkers    southerly   along 

South   Broadway  into  the   Borough   of  the   Bronx,  City   of    New   York,   to  the   terminal    of  the    Subway  at 

240th    Street   and    Broadway. 

(2)  The  Bedford  Park  line,  extending  from  the  intersection  of  McLean  Avenue  and  South  Broadway 
in  the  City  of  Yonkers  south-easterly  along  McLean  Avenue  to  Webster  Avenue,  thence  southerly  along 
Webster  Avenue  into  the  Borough  of  the  Bronx,  City  of  New  York,  to  the  terminal  of  the  Third  Avenue 
Elevated  road  at  Pelham  Road. 

(3)  The  Jerome  Avenue  line,  extending  from  the  intersection  of  Yonkers  Avenue  and  Central  Avenue 
in  the  City  of  Yonkers,  southerly  along  Central  Avenue  into  the  Borough  of  the  Bronx,  City  of  New 
York,  and  thence  along  Jerome  Avenue  to  the  terminal  of  the  Sixth  and  Ninth  Avenue  Elevated  Roads 
at   155th   Street  and  Eighth  Avenue. 

(4)  The  Webster  Avenue  line,  extending  from  the  intersection  of  Yonkers  Avenue  and  the  Bronx 
River  Road  in  the  City  of  Yonkers,  southerly  along  the  Bronx  River  Road  to  Webster  Avenue,  thence 
southerly  along  Webster  Avenue  into  the  Borough  of  the  Bronx,  City  of  New  York,  to  the  terminal  of 
the  Third   Avenue   Elevated   Road  at   Pelham   Road. 

h.  To  establish  just  and  reasonable  joint  rates,  fares  and  charges  for  the  transportation  of  passengers 
between  any  point  on  the  lines  of  the  Yonkers  Railroad  Company,  and  any  point  on  those  portions  of  the 
lines  of  the  Union  Railway  Company  of  the  City  of  New  York  which  form  parts  of  the  continuous  lines  of 
transportation  hereinabove  set  forth. 

2.  Granting  such  other  and  further  relief  as  to  your  Honorable  Commissions  may  seem  just  and  equit- 
able. Respectfully  submitted, 

(Signed)     NATHAN  A.  WARREN, 
by  CHARLES  E.  OTIS, 
Attorney  for  Petitioner, 

Office  &  P.  O.  Address. 

45  Warburton  Avenue. 
Dated  October  8,   1908.  Yonkers,  N.  Y, 

177 


After  hearings  in  the  foregoing  matter,  the  Commission  made  the  following  announcement : 
Mr.  Decker :  "I  am  authorized  to  state  for  Commissioner  Eustis  and  myself,  that  after  very  careful 
consideration  of  this  case  we  feel  bound  to  say  that  we  are  very  much  impressed  with  the  fairness  and 
justice  of  the  offer  which  has  been  made  by  these  Receivers  through  this  complainant  to  the  Common  Coun- 
cil of  the  City  of  Yonkers,  under  all  the  circumstances,  in  view  of  the  judicial  proceedings  that  have  been 
taken,  and  that  a  speedy  settlement  of  the  difficulties  of  those  who  ride  from  Yonkers  to  New  York, 
and  from  New  York  to  Yonkers,  would  be  secured  if  the  action  of  the  Council  did  not  stand  in  the  way. 
We  are  also  impressed  with  the  fairness  of  the  decision  which  has  been  rendered  by  Justice  Morschauser. 
We  also  have  the  general  consideration  raised  by  these  pleadings  to  the  effect  that  here  are  a  complainant 
and  defendants,  and  the  complainant,  so  far  as  he  is  concerned,  is  willing  to  accept  the  offer  made  by 
the  defendants,  and  it  is  simply  a  matter  of  machinery  in  carrying  out  the  application  of  that  offer.  Now 
that  is  all  preliminary.  We  have  given  you  our  views  upon  the  matter.  If  it  comes  down  to  a  consideration 
of  the  legal  question  in  this  case,  and  it  does,  we  must  consider  them.  There  is  quite  enough  of  doubt 
raised  by  the  legal  questions  which  entitled  us  to  take  under  consideration  the  motion  to  dismiss,  without 
going  into  the  evidence  of  defendants,  and  without  taking  the  time  for  that  purpose.  Of  course,  if  the 
Commissioners  come  to  the  conclusion  that  the  case  ought  not  to  be  dismissed,  then  the  defendants  must 
have  an  opportunity  to  put  in  their ,  evidence  upon  another  day." 

Travis  H.  Whitney,  Esq.,  New  York,  October  14th,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  yours  of  the  12th  enclosing  copy  of  the  complaint  of  Dr.  N.  A.  Warren  by  Chas. 
E.  Otis  his  attorney,  and  in  respect  to  the  discontinuance  of  the  through  routes  mentioned,  I 
have  to  say : 

First:  That  service  was  discontinued  by  me  in  accordance  with  the  authority  and  order  of 
the  .United  States  Circuit  Court  made  upon  a  petition  presented  by  me  to  the  Court  on  the  15th 
day  of  May,  1908,  a  copy  of  which  I  hand  you  herewith,  and  marked  "A".  Upon  such  peti- 
tion a  Hearing  was  held  before  the  Court  as  stated  in  its  order  dated  June  15th,  a  copy  of 
which  I  also  enclose  to  you  herewith,  marked  "B",  and  in  accordance  with  the  opinion  dated 
the  same  day,  which  I  also  herewith  enclose,  marked  "C". 

Second :  That  in  pursuance  of  the  directions  of  the  United  States  Circuit  Court,  con- 
tained in  the  order  and  opinion  above  referred  to,  I  entered  into  negotiations  with  Mr. 
Sutherland,  Receiver  of  the  Yonkers  Railway,  and  had  several  interviews  with  the  citizens  and 
officials  of  the  town  of  Yonkers.  As  a  result  of  these  negotiations,  I  made  two  written 
propositions  to  Mr.   Sutherland  which  were  not  accepted. 

Third :  I  enclose  copies  of  my  letters  to  Mr.  Sutherland  and  to  Mr.  Otis,  Corporation 
Counsel   of   Yonkers,    at    the    conclusion   of   these   negotiations,   marked   respectively   "E"   and 

'  Fourth :  I  am  informed  that  the  sole  reason  for  the  failure  of  my  negotiations  with  Mr. 
Sutherland  to  meet  the  convenience  of  the  people  of  Yonkers,  was  because  of  the  unwillingness 
of  the  authorities  of  that  City  to  take  or  assist  any  action  in  the  premises. 

I  also  enclose  to  you  herewith  certain  extracts  from  the  Yonkers  papers  which  show  that 
the  matter  has  degenerated  into,  or  more  probably  has  been  from  the  beginning,  a  matter  of 
local  politics.  I  particularly  call  your  attention  to  the  statement  of  the  Corporation  Counsel 
that  the  complaint  above  referred  to  is  "made  by  Dr.  Nathan  A.  Warren  as  an  individual  citi- 
"zen.  not  as  Mayor  of  the  City  of  Yonkers.  This  is  to  avoid  binding  the  City  by  any  possible 
"adjudication  of   the    Public   Service    Commission,    which    the    railroads    might    claim    was    an 

178 


"estoppel  against  the  City  asserting  its  rights  under  the  franchises  of  the  Yonkers  Railway 
"Company.  If  the  petition  were  filed  in  the  name  of  the  City  and  based  on  the  franchises  of 
"the  Yonkers  Railway,  a  determination  of  the  Commission  might  be  held  to  be  final,  so  as  to 
"prevent  the  City  from   forfeiting  the  franchises  and  suing  for  damages." 

Under  all  of  these  circumstances  and  without  referring  to  any  questions  of  Law  which 
arise  or  may  hereafter  arise  in  connection  with  these  petitions,  all  of  which  I  reserve,  and  in 
order  that  the  ability  of  these  railroads  to  serve  the  public  may  be  maintained,  I  submit  that 
it  is  desirable  that  Dr.  Warren's  petition  should  be  dismissed  by  your  Commission, 

The  exhibits  referred  to  herein,  together  with  others,  are  forwarded  to  your  Commission 
under  cover  of  my  answer  to  complaint  in  the  Westchester  case  sent  by  the  same  hand. 

Yours  very  truly. 

Receiver 

EXHIBIT  "A." 

UNITED  STATES  CIRCUIT  COURT,  : 

FOR  THE  SOUTHERN  DISTRICT  OF  NEW  YORK. 


THE  LORAIN  STEEL  COMPANY,  I 

Complainant,     / 
against  '. 

THE  UNION  RAILWAY  COMPANY  OF  NEW  YORK  CITY,  - 

Defendant. 


) 


The  petition  of  Frederick  W.  Whitridge,  Receiver  of  the  Union  Railway  Company,  respectfully 
shows  to  the  Court,  as  follows: 

First. — That  there  is  in  existence  a  system  of  exchanging  transfer  tickets  between  the  Union  Rail- 
way and  the  Westchester  Electric  Railroad  and  the  Yonkers  Railroad  Company,  in  consequence  of 
which  a  large  percentage  of  the  passengers  carried  on  the  line  of  the  Union  Railway  pay  their  fare  with 
tickets  which  are  valueless  to  it. 

Second. — That  on  the  lines  of  the  Union  Railway  mainly  affected  by  this  transfer  system,  the 
number  of  passengers  carried  for  the  months  of  January,   February  and   March  were  as  follows: 

On  the  East  Mount  Vernon  Line  the  number  of  passengers  carried  were  as  follows: 

PASSENGER^  CARRIED. 
1908.  Cash.         Transfers. 

January    275,022  133,021 

February    240,384  1 17,964 

March   301,273  150,818 

816,679  401,803 
On  the  West  Mount  Vernon  Line  the  number  of  passengers  carried  were  as  follows: 

PASSENGERS  CARRIED. 

1908.                                              Cash.  Transfers. 

January    189,624  103,610 

February    173,712  94.253 

March   203,835  105,623 

567,171  303486 

179 


On  the  Jerome  Avenue  line  the  number  of  passengers  carried  were  as  follows : 

PASSENGER^  CARRIED. 

1908,  Cash.  Transfers. 

January    108,145  69,143 

February    98,890  60,714 

March   114,332  72,914 

321,367  202,771- 

On  the   Williamsbridge  line  the  number  of  passengers  carried  were  as  follows: 

PASSENGERS  CARRIED. 
1908.  Cash.         Transfers. 

January    99,549  60,481 

February    108,255  52,255 

March   107,649  58,524 

315,453  171,260 

making  a  total  of  the  four  lines  for  the  three  months  of  January,  February  and  March,  of  2,020,670  pas 
sengers  who  paid  their  fare  in  cash  and  1,079,320  who  paid  their  fare  in  transfer  tickets. 

Third. — Your  petitioner  desires  to  abolish  the  issue  and  receipt  of  transfers  between  the  Unior 
the  Yonkers  and  the  Westchester  Electric  Railroad,  and  he  believes  that  this  abolition  will  result  in  a  con 
siderable  increase  of  the  earnings  of  the  Union  Railway,  as  the  passengers  now  carried  on  transfer 
must,  if  they  travel  at  all,  either  pay  their  fares  to  the  Union  Railway,  or  take  the  Harlem  or  Ne\ 
Haven  roads,  the  fares  on  which  are  on  an  average  four  times  as  great  as  that  paid  upon  the  surfao 
roads. 

Fourth. — Your  petitioner  is  advised  that  there  is  no  contract  or  any  other  obligation  on  the  par 
of  the  Union  Railway  to  exchange  transfer  tickets  with  the  Westchester  Electric  Railroad.  Whethe 
there  is  or  not  in  the  charter  or  franchise  of  the  Westchester  Electric  Railroad  any  provisions  whicl 
make  it  incumbent  upon  that  line  to  issue  transfers,  your  petitioner  does  not  know,  but  there  is  nothing 
to  compel  the  Union  line  to  receive  such  transfers,  anu  your  petitioner  is  clearly  of  the  opinion  that  it  i 
not  for  the  interest  of  the  Union  Railway  to  continue  to  do  so.  The  abolition  of  the  transfers  ma] 
cause  considerable  public  inconvenience,  but  the  public  has  the  power  to  avoid  it. 

Fifth. — Your  petitioner  is  informed  that  there  is  no  obligation  on  the  part  of  the  Union  Railway  t( 
issue  to  or  receive  transfers  from  the  Yonkers  Railway,  although  he  is  informed  that  there  are  provi 
sions  in  the  franchise  of  the  latter-mentioned  road  which  make  it  incumbent  upon  it  to  issue  the  same 
and, in  this  case,  as  in  the  case  of  the  Westchester  Electric  Company,  he  believes  that  while  the  aboli 
tion  of  transfers  may  cause  considerable  public  inconvenience,  that  can  be  remedied  by  changes  in  the  fran 
chises  of  the  Yonkers  Railway,  so  that  these  lines  can  be  put  on  the  same  basis  as  the  lines  running 
eastward,  known  as  the  Port  Chester  Line,  and  all  the  rural  lines  running,  so  far  as  your  petitioner  is  advised 
in  iall  parts  of  the  country,  where  separate  fares  are  paid  in  each  township. 

Sixth. — Under  the  existing  law,  your  petitioner  is  advised  that  it  will  be  necessary,  in  order  t( 
avoid  suits,  to  compel  the  issue  of  transfer  tickets,  to  discontinue  certain  joint  operations  which  are  nov 
carried  on  between  the  Union  and  Westchester  Electric  and  the  Yonkers  Railway.    These  are  as  follows 

(0)  The  Union  Railway  now  runs  a  line  over  the  White  Plains  road  from  West  Farms  to  the  cit} 
line  of  Mount  Vernon,  and  also  a  line  of  cars  up  Webster  avenue  to  Olin  avenue,  through  the  las 
named  to  White  Plains  road,  and  up  the  White  Plains  road  to  the  Mount  Vernon  station  of  the  Nev 
York,  New  Haven  ana  Hartford  Railroad,  the  same  being  from  Fifteenth  street  to  the  New  Havei 
station,   over  the  tracks  of  the  Westchester  Railway. 

(&)  The  Westchester  Railway  runs  its  cars  down  the  White  Plains  road  to  the  terminus  of  its  track 
at  Fifteenth  street,  and  thence  over  the  tracks  of  the  Union  Railway  Company  to  Olin  avenue,  westerl: 
on  Olin  avenue  to  Webster  avenue  and  southerly  on  Webster  avenue  to  Bedford  Park  station,  and  als( 
from  the  junction  of  White  Plains  road  and  Olin  avenue  to  the  Union  Railway  tracks  as  far  as  Wes 
Farms. 

I  propose  to  discontinue  the  service  of  the  Westchester  line  over,  the  Union  line  from  Fifteentl 
street  south  over  the  White  Plains  road  to  West  Farms,  in  the  one  case',  and  over  Westchester  avenu( 
to  Bedford  Park  station  in  the  other  case,  -and  to  discontinue  the  service  of  the  Union  line  north  fron 

180 


Fifteenth  street  to  Mount  Vernon  over  the  line  of  the  Westchester  County  Railroad,  and  to  stop  the 
northward  bound  service  of  the  Union  cars  at  Fifteenth  street  and  the  south  bound  service  of  the 
Westchester  cars  at  the  same  point,  and  to  discontinue  the  transfers  at  that  point,  and  to  treat  as  a  new 
passenger  any  passenger  southbound  at  that  line.    . 

Seventh. — In  respect  to  the  Yonkers  Railway  there  is  a  physical  connection  between  the  Union 
Railway  and  the  Yonkers  Railway — 

(o)  At  West  Two  Hundred  and  Fifty-second  street  and  Broadway,  at  the  boundary  line  between 
Yonkers  and  New  York. 

(b)  At  Jerome   avenue,   at   the  boundary   line  between  Yonkers  and  New  York. 

(c)  At   Bronx    River    Road,    at    the   boundary   line  between  Yonkers  and  New  York. 

The  Webster  avenue  line  of  the  Union  Railway  runs  northerly  from  the  boundary  line  up  Bronx 
River  road  in  the  City  of  Yonkers;  thence  easterly  to  the  station  of  the  New  York  and  Harlem  Railroad 
in  West  Mount  Vernon. 

The  Yonkers  Railway  also  operates  its  cars  on  the  Webster  Avenue  line  of  the  Union  Railway 
southwards   from  McLean  avenue  to  Bedford  Park. 

I  propose  to  discontinue  these  services. 

Eighth. — The  Union  Railway  also  runs  its  cars  northerly  from  the  boundary  line  of  Jerome  avenue  to 
Yonkers  avenue,  and  the  Yonkers  Railway  runs  its  cars  south  from  the  boundary  line  on  Broadway  to  Two 
Hundred  and  Thirtieth   street. 

In  the  case  of  the  two  and  a  half  miles  of  line  last  mentioned  operated  south  from  Yonkers,  with  which 
the  Union  has  at  present  no  direct  connection,  I  propose  that  the  Yonkers  Railway  shall  discontinue  its  serv- 
ice on  that  line,  or  that  the  receiver  of  the  Yonkers  line  shall  lease  the  same  upon  terms  which  seem  to  me  to 
be  adequate. 

Ninth. — I  am  aware  that  the  discontinuance  of  these  services  will  cause  a  good  deal  of  public  incon- 
venience, and  I  should  prefer,  after  proper  notice,  to  continue  the  operation  of  the  lines  as  they  are  now  op- 
erated, at  the  same  time  providing  more  and  better  cars  to  improve  the  service,  and  collecting  a  second  fare 
at  the  terminus  of  the  lines  in  every  case.  If,  however,  this  should  be  found  to  be  productive  of  litiga- 
tion either  to  compel  the  issue  of  transfer  tickets  or  to  enjoin  the  refusal  to  receive  them  or  in  any  way 
to  prevent  the  collection  of  a  second  fare,  I  propose  to  discontinue  the  service  northbound  and  to  prohibit  the 
service  of  the  other  railroads  southbound  as  soon  as  any  such  case  is  brought.   . 

Tenth. — Your  petitioner  also  finds  that  there  is  in  existence  a  system  of  transfers  between  the  surface 
lines  controlled  by  hint  and  the  Manhattan  Elevated  Company,  by  the  terms  of  which  transfer  tickets  are  sold 
by  either  of  the  parties  at  eight  cents,  good  upon  the  lines  of  the  other  party.  I  find  that  this  operates  in  the 
months  of  February  and  March  as  follows: 

Balance  in  favor  of — 

Third  Ave.  R.   R.   Co Feb.        $795  72 

March     265  36  $1,061  08 


42nd  St.,  Man.  &  St.  Nich.  Ave.  R.  R Feb.       $214  48 

March      164  24  378  72  $i,439  80 


Balance  against — 

Dry  Dock,  E.  B.  &  B.  R.  R.  Co Feb.       $565  88 

March      745  96  $i,3H  84 


10,916  16 


Net  Balance  in  favor  op  Interborough   R.   T.    Co $9,47636 

Eleventh. — I  also  find  that  there  are  very  large  opportunities  for  fraud  in  the  purchase  and  sale  of 
these  transfer  tickets,  and  as  it  is  obviously  unprofitable  for  the  Union,  Third  Avenue,  Forty-Second  Street 
and  Dry  Dock  roads  taken  together,  I  propose  to  stop  hereafter  the  sale  of  these  transfer  tickets  and  to 
refuse  to  accept  the  same  in  payment  of  fares.  I  am  advised'  that  there  is  no  contract  in  existence,  and 
that  the  arrangement  is  merely  continued  by  virtue  of  a  contract  which  expired  by  its  own  terms  some  time 
ago. 

Wherefore,  your  petitioner  respectfully  asks  the  instructions  of  the  Court  in  the  premises,  and  author- 
ity to  abolish  the  transfers  between  the  Union  Railway  and  the  Westchester  Electric  Railroad  and  the 
Yonkers  Railroad,  and  between  the  Union  Railway,  Third  Avenue  Railroad,  Dry  Dock,  East  Broadway  and 


Battery  Railroad,  Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway  and  Manhattan  Ele- 
vated Railroad  Company,  and,  if  need  be,  to  discontinue  the  service  over  the  lines  of  the  Westchester  Elec- 
tric Railroad  and  the  Yonkers  Railroad  as  hereinbefore  proposed,  all  of  which   is  respectfully  submitted. 

FREDERICK  W.  WHITRIDGE. 

As  a  result  of   said  petition,  the  Court   issued   the   following  instructions : 

EXHIBIT    "C  " 

UNITED  STATES  CIRCUIT  COURT, 

SOUTHERN  DISTRICT  OF  NEW  YORK. 

CENTRAL  TRUST  COMPANY 

against 

THIRD  AVENUE  RAILROAD  COMPANY. 

BARBER  ASPHALT  COMPANY 

against 

FORTY-SECOND    STREET,    MANHATTANVILLE    &    ST.    NICHOLAS 

AVENUE  RAILWAY  COMPANY. 

AMERICAN  HAY  COMPANY 

against 

DRY  DOCK,  EAST  BROADWAY  AND  BATTERY  RAILROAD 

COMPANY. 

THE  LORAIN  STEEL  COMPANY 

against 
THE  UNION  RAILWAY  CQMPANY. 

The  receiver  of  the  defendant  roads  above  enumerated  has  applied  for  instructions  as  to  proposed  dis- 
continuance of  transfers  in  addition  to  those  considered  in  an  earlier  opinion  of  this  Court  filed  March 
31,    1908. 

The  propositions  submitted  on  this  petition  may  be  more  conveniently  discussed  separately,  since  the 
facts  are  not  the  same  in  the  case  of  each  road. 

I.     The  Manhattan  Elevated  Road. 

On  April  3rd,  1899,  formal  contracts  were  entered  into  between  the  Manhattan  Railway  Company  and 
the  four  surface  roads,  which  are  defendants  in  these  cases,  providing  for  the  transfer  of  passengers  from 
elevated  to  surface  road  and  vice  versa;  upon  the  payment  by  the  passenger  of  three  cents  in  addition  to  the 
regular  fare  of  five  cents.  The  eight  cents  for  the  whole  trip,  including  transfer,  was  to  be  collected  by 
the  road  on  which  the  passenger  began  his  journey,  and  the  eight  cents  was  to  be  divided  equally  between 
the  two  roads  on  which  the  passenger  was  carried,  an  accounting  being  had  each  month. 

These  contracts  expired  by  their  own  limitation  on  May  ist,  1904.  On  April  29th  and  May  3rd  of 
that  year  by  an  exchange  of  letters  between  the  presidents  of  the  respective  roads  the  foregoing  agreement 
was  continued  from  year  to  year  with  the  provision  that  the  relation  might  be  terminated  at  any  time  by 
service  of   a   written   notice   of  ninety  days   from   either  party. 

The  practice  of  issuing  these  transfers  has  since  continued  without  any  formal  action  renewing  or  ex- 
tending the  contract.  The  receiver  has  made  an  examination  and  finds  that  the  result  of  such  exchange  of 
transfers  during  the  months  of  February  and  March  was  a  net  balance  against  the  four  surface  roads  and 
in  favor  of  the  elevated  road  of  $9,476.36.  Because  this  is  obviously  unprofitable  and  because  there  are  very 
large  opportunities  for  fraud  in  the  purchase  and  sale  of  these  transfer  tickets,  the  receiver  proposes  to  ter- 
minate the  existing  practice. 

Notice  of  this  application  was  duly  given  to  the  Manhattan  Railway  Company,  which  makes  no  op- 
position ;  and  there  seems  to  be  no  obligation,  either  statutory  or  contractual,  which  requires  the  receiver  to 
continue  the  existing  practice.  On  behalf  of  one  of  the  associations  which  has  filed  objections  to  the  peti- 
tion it  is  suggested  that  as  to  any  lines  of  the  Union  Railway  constructed  after  this  three-cent  transfer  went 
into   effect,  to  the  construction  of  which  the  abutting  property  owners  gave  their  consent,  such  consent  was 

182 


given  in  reliance  upon  the  continuance  of  the  three-cent  transfer.  No  such  stipulation  was  incorporated  in 
any  such  consent,  so  far  as  the  receiver  can  find  out,  and  the  company  receiving  the  consent  cannot  be  held 
to  have  thereby  assumed  obligations  not  therein  expressed.  It  is  also  suggested  that  it  will  be  a  hardship 
to  many  residents  of  the  Bronx  to  have  any  existing  transfer  system  curtailed  or  discontinued.  No  doubt 
this  is  so,  but  this  Court  is  not  prepared  to  hold  that  such  circumstance  alone  is  sufficient  reason  for  re- 
quiring its  receiver  to  continue  an  unprofitable  service.  It  has  also  been  suggested  that  the  Public  Service 
Commission  under  Section  49  of  the  act  which  created  it  might  require  the  roads  to  continue  to  sell  and 
honor  these  transfers.  Whether  that  section  or  any  other  one  give  the  Public  Service  Commission  power  to 
compel  two  independent  roads  to  exchange  transfers  is  a  question  of  State  law,  the  construction  of  a  State 
statute  which  may  more  appropriately  be  left  to  the  State  courts.  In  the  event  of  the  receiver  being  called 
upon  by  the  Commission  to  take  and  give  such  transfers  he  will  furnish  all  the  information  which  he, 
as  operator  of  the  road  may  be  able  to  procure,  and  he  will  notify  the  owners  and  security  holders  of  the  sev- 
eral roads  now  in  his  hands,  and  will  see  that  they  are  given  the  opportunity  to  present  whatever  arguments 
they  may  wish  to  make  in  opposition.  In  the  ultimate  analysis  it  is  the  owners  and  lienors  on  the  property 
whose  interests  would  really  be  affected  by  such  a  construction  of  the  Statute — the  Court  and  its  receiver 
are  custodians  merely  and  are  not  concerned  with  its  future. 

There  seems  to  be  no  good  reason  why  the  exchange  of  transfers  with  the  Manhattan  Railway  Com- 
pany should  not  be  terminated.  The  last-named  company  has  been  duly  notified  and  waives  the  ninety-day 
notice;  but  the  discontinuance  of  these  transfers  should  not  be  undertaken  until  after  notice  of  intention 
to  discontinue  shall  have  been  posted  for  ten  days  in  all  cars  on  such  parts  of  the  system  as  are  affected 
thereby. 

2.  The  Westchester  Electric  Railroad  Company. 

This  company  has  a  line  of  track  extending  south  on  White  Plains  Road  to  15th  St.,  Williamsbridge. 
From  that  point  south  the  lines  of  the  Union  Railway  extend  over  White  Plains  Road,  Olin  Avenue 
and  Webster  Ave.  The  Westchester  Road  runs  its  cars  over  Union  tracks  south  of  15th  street  and  the 
Union  runs  its  cars  on  Westchester  tracks  north  of  15th  street.  Since  there  is  thus  a  joint  use  of  each 
other's  tracks  between  the  N.  Y.,  N.  H.  &  H.  Station  at  Mount  Vernon  and  West  Farms  and  Bedford 
Park  Station,  the  Transfer  Act  of  1885  requires  the  roads  there  operating  to  exchange  transfers  for  a  single 
fare.  The  receiver  wishes  to  stop  such  single  fare  tranfers,  and  in  order  to  do  so  without  violating  the 
Transfer  Act  proposes  to  cease  operating  Union  cars  on  Westchester  tracks  and  to  prohibit  the  further  use 
of  Union  tracks  by  Westchester  cars.  There  has  been  no  suggestion  upon  this  hearing  that  such  a  change  of 
operation  was  not  within  the  power  of  the  receiver  of  either  road ;  there  is  no  contract  between  them 
securing  to  either  the  use  of  any  portion  of  the  other's  tracks.  The  receiver  for  the  Westchester  Road 
calls  attention  to  the  fact  that  there  are  no  waiting  room  facilities  for  persons  who  by  reason  of  the  dis- 
continuance of  the  present  through  lines,  might  have  to  change  cars  at  the  junction  point  (cor.  15th  street 
and  White  Plains  Road,  Williamsbridge).  but  it  is  understood  that  the  receiver  of  the  Union  does  not 
propose  to  abrogate  the  present  system  till   such  facilities  are  provided. 

The  important  question  is  whether,  after  the  joint  use  of  tracks  shall  cease,  it  is  within  the  power 
of  the  receiver  of  the  Union  Railway  to  refuse  to  accept  transfer  slips  from  Westchester  Railroad  passen- 
gers, bound  south,  who  may  change  into  the  cars  of  his  line  at  the  junction  point.  A  hearing  was  given 
some  weeks  ago  when  all  interested  had  full  opportunity  to  present  their  views.  Several  of  those  who 
then  appeared  have  asked  that  the  matter  be  sent  to  a  master,  but  that  is  unnecessary,  the  documents  and 
affidavits  already  submitted  make  the  situation  quite  clear  and  there  is  no  apparent  conflict  as  to  the  facts. 

Except  for  a  document  hereinafter  referred  to,  no  contract  or  agreement  was  ever  entered  into  by 
the  Union  Company  undertaking  to  give  to  passengers  coming  from  points  in  Westchester  County  on  the 
line  of  the  Westchester  Company  conveyance,  without  further  payment,  over  the  lines  of  the  Union  Rail- 
way. At  the  time  when  certain  franchises  were  granted  to  the  Westchester  Company  its  entire  capital 
stock  was  owned  by  the  Union,  and  offices  in  both  companies  were  held  by  the  same  individuals;  these 
individuals  were  applicants,  on  behalf  of  the  Westchester  Company  for  the  franchises  in  question  and  as 
an  argument  in  favor  of  the  grant  thereof  made  much  of  the  relations  existing  between  the  two  companies. 
The  Union  Company  also  indemnified  a  Surety  Company  which  became  the  guarantor  of  the  Westchester 
Company  on  certain  bonds  required  as  a  condition  of  granting  franchises  to  the  latter  company.  But  no 
agreement  or  promise  of  the  Union  Company  is  shown  and  the  court  is  not  satisfied  that  the  acts  and 
statements  of  the  persons  who  were  then  its  officers  can  be  held  to  estop  the  Union  Company,  which  has 
long  since  parted  with  its  Westchester  stock,  from  insisting  that  its  obligations  shall  be  measured  only  by  the 
contracts  it  entered  into  and  by  the  requirements  of  the  statutes. 

There  has  been  put  in  evidence  a  contract  between  Mr.  B.  L.  Fairchild.  of  Pelham,  and  the  Union 
Railway    Company,    dated    June    11,    1896;    also    a    further    supplemental    contract   between    the    same    parties 

183 


dated  October  25,  1899.  These  need  not  be  recited  at  length,  nor  need  any  of  the  objections  to  them  be 
discussed,  because  the  changes  now  proposed  do  not  conflict  with  any  privileges  which  the  documents  pur- 
pose to  secure.  They  provide  for  carrying  passengers  "either  upon  through  cars  or  by  transfers  at  Ford- 
ham,  by  electric  railway  service  from  New  Rochelle  through  the  Old  Boston  Road  or  Colonial  Avenue,  in 
the  Village  of  Pelham  through  Sixth  street,  from  the  Pelham  line  in  Mount  Vernon,  and  southerly  from 
Woodlawn  Station  to  Tremont  at  177th  street  and  Third  avenue  in  the  City  of  New  York.  The  fare 
from  Pelham  to  any  point  along  the  route  *  *  *  and  connecting  lines  shall  be  at  no  time  greater  than 
from  Mount  Vernon  to  such  points."  The  Union  Company  receiver  proposes  to  continue  his  service  so 
that  passengers  from  New  Rochelle  and  the  other  points  named  can  find  cars  ready  to  take  them  from 
the  city  line  to  Tremont;  and  does  not  propose  to  charge  any  greater  rate  of  fare  for  passengers  coming 
from  Pelham  than  for  those  coming  from  Mount  Vernon. 

As  to  the  Westchester  Company,  however,  the  situation  is  very  different.  In  November,  1898,  the 
company  obtained  from  the  local  authorities  of  Mount  Vernon  franchises  to  operate  its  road  in  certain 
streets  and  avenues,  with  the  proviso,  "That  on  payment  of  a  five  cent  fare  any  person  shall  be  carried  over 
the  lines  of  said  railroad  and  any  railroad  controlled  and  operated  by  said  company,  or  by  which  said 
company  is  or  may  be  controlled  and  operated,  through  and  from  the  City  of  Mount  Vernon,  to  One  Hun- 
dred and  Twenty-ninth  St.,  in  the  Borough  of  Manhattan,  and  to  and  over  any  of  the  lines  of  the  Union 
Railway  Company  of  New  York  City,  at  which  transfer  points  have  already  or  may  hereafter  be  estab- 
lished, north  of  the  Harlem  River.  *  *  *  Upon  failure  to  comply  with  these  conditions  this  fran- 
chise shall  be  forfeited  to  the  City  of  Mount  Vernon." 

Counsel  for  the  Union  Company  receiver  contends  that  this  provision  no  longer  applies  since  the 
Westchester  Company  is  not  now  controlled  or  operated  by  the  Union  Company.  There  is  force  in  the 
contention,  but  it  need  not  be  here  discussed  The  pending  petition  will  be  disposed  of  upon  the  assump- 
tion that  should  the  Westchester  Company  be  unable  to  secure  transportation,  for  a  single  five  cent  fare, 
of  its  passengers  from  Mount  Vernon  over  the  Union  lines  to  129th  St.,  it  will  be  within  the  power  of 
the  local  authorities  of  that  city  to  sue  upon  bond  and  to  forfeit  the  franchises  granted  in  November, 
1898.  The  same  assumption  may  fairly  be  made  as  to  certain  other  franchises  granted  to  that  company 
on    similar   conditions   by   the   Villages   of    Pelham   Manor,   North  Pelham  and  Bronxville. 

When  it  became  apparent  that  the  carrying  out  of  the  changes  proposed  by  the  receiver  might,  at 
the  pleasure  of  local  authorities,  result  in  the  destruction  of  franchises  belonging  to  another  corporation, 
it  seemed  desirable  that  notice  of  this  application  should  be  given  to  all  who  had  invested  in  such  fran- 
chises. The  entire  capital  stock  of  the  Westchester  Company  was  originally  owned  by  the  Union  Com- 
pany, and  was  subsequently  transferred  to  the  Third  Avenue  Railroad  Company,  it  is  included  in  a 
mortgage  by  that  company  to  the  Central  Trust  Company  as  Trustee  and  the  equity  has  been  transferred 
to  the  Metropolitan  and  New  York  City  Railway.  The  Westchester  Company  has  an  outstanding  mortgage 
dated  June  2,  1893,  which  contains  a  "after-acquired  property"  clause  and  covers  these  franchises.  The 
trustee  under  this  mortgage,  the  Central  Trust  Company  and  the  present  holders  of  the  equity  of  the 
stock  have  all  been  notified  of  this  application ;  some  of  them  have  appeared,  but  no  one  makes  any 
objection.  It  is  suggestive  that  when  it  is  proposed  to  take  action  which  may  be  expected  to  result  in  the 
forfeiture  of  a  franchise,  no  one  who  has  invested  in  such  franchise  as  owner  or  mortgagee  raises  any 
protest.  Apparently  the  prospect  of  developing  any  value  out  of  these  particular  franchises  under  existing 
conditions  is  not  hopeful,  and  the  figures  given  by  the  State  Receiver  showing  receipts  and  disbursements 
during   his  operation   of   the   entire   system   of   the   Westchester  Company  are  not  encouraging. 

Upon  the  record  here  presented,  there  seems  to  be  no  legal  obstacle  to  the  proposed  action  of  the  re- 
ceiver of  the  Union  Railway  Company.  Such  a  course  would  manifestly  cause  much  inconvenience  and 
some  loss  to  residents  in  the  city  and  villages  affected;  it  may  be  that  the  various  local  authorities,  the 
State  Receiver  and  the  petitioning  Receiver  may  be  able  to  agree  to  some  modifications  which  will  meet  the 
general  acceptance.  The  situation  is  well  expressed  in  the  brief  of  counsel  for  the  Village  of  Pelham,  as 
follows :  ^ 

"It  may  be  possible  to  carry  a  passenger  without  loss  from  Mount  Vernon  or  Pelham  to  129th  street, 
a  distance  of  about  twelve  miles.  But  carrying  a  passenger  a  distance  of  about  three  to  four  miles  from 
Mount  Vernon  to  the  Bronx  Park  Station  of  the  elevated  would  probably  represent  a  profit.  There  should 
be  some  middle  ground  where  the  interests  of  the  communities   might   meet." 

The  petitioning  receiver  will,  therefore,  first  endeavor  to  make  some  arrangement,  which  will  be  satis- 
factory to  all  interests;  but,  if  unable  to  do  so,  he  may  make  such  i:hanges  in  service  as  the  law  permits 
and  the  business  interests  of  the  property  in  his  custody  may  require.  No  change,  however,  should  be 
made  without  giving  notice  thereof  thirty  days  in   advance. 

3.  The  Yonkers  Railway. 
On   the   Bronx   River   road   north    of  the   city  line    Union    cars    now    run    on    Yonkers    Railway 
tracks;  on  the  same  road  south  of  the  city  line  Yonkers  cars  run  on  Union  tracks.     The  Union  also 

184 


runs  its  cars  on  Jerome  avenue  northerly  from  the  city  line  on  Yonkers  tracks.  In  order  to  avoid 
this  joint  use  of  tracks  and  consequent  application  of  the  Transfer  Act,  the  receiver  proposes  to  dis- 
continue these  services,  and  thereafter  to  discontinue  the  exchange  of  single  fare  transfers.  The 
situation  is  substantially  the  same  as  that  outlined  above  in  discussing  the  Westchester  road.  Cer- 
tain franchises  granted  by  the  City  of  Yonkers  to  the  Yonkers  Railway  may  be  forfeited  if  the 
present  mode  of  operation  is  not  maintamed.  The  bulk  of  the  stock  of  this  company  is  held  as  that 
of  the  Westchester  is,  but  seventy-five  shares  are  the  property  of  individuals  who  have  been  notified 
of  this  proceeding.  The  trustees  of  a  mortgage  which  covers  these  franchises  as  after-acquired 
property  has  also  been  notified.  Some  of  the  parties  notified  have  appeared  but  none  object.  The 
receiver  will  proceed  as   indicated  in  the  Westchester  case. 

One  line  now  operated  by  the  Yonkers  company  presents  a  different  situation.  On  Broadway, 
Yonkers  cars  run  south  on  Union  tracks  from  the  city  line  to  Kingsbridge.  These  cars  maintain  the 
only  service  on  that  line,  because  there  is  not  at  present  any  connection  with  other  parts  of  the 
Union  system,  and  there  are  no  car-barns  or  repair  shops  on  Broadway  south  of  the  line.  Power 
is  furnished  by  the  Third  Avenue  Company,  but  neither  for  the  power,  nor  for  use  of  the  tracks 
does  the  Yonkers  road  pay  anything.  The  receiver  asks  to  terminate  this  arrangement  unless  pro- 
vision can  be  made  for  the  payment  of  a  fair  rent  for  use  of  tracks  and  power.  This  seems  a  rea- 
sonable proposition,  but  the  record  indicates  that  it  may  be  difficult  for  the  Receiver  of  the  Yonkers 
company  to  pay  anything.  In  order  to  comply  with  the  terms  of  some  of  its  franchises  he  now  buys 
subway  tickets  from  the  Interborough  Company  at  five  cents  and  sells  them  to  Broadway  passengers 
at  three  cents.  But  that  is  no  reason  why  the  Third  should  not  be  paid  for  its  power  and  the  Union 
for  the  use  of  its  tracks.  The  same  situation  exists  here  as  in  the  other  cases — as  to  forfeiture  of 
franchises,  etc.  The  receiver  will  first  undertake  to  make  some  satisfactory  arrangement  with  the 
btate  Receiver  and  the  local  authorities,  and  failing  that,  he  will  take  steps  to  make  proper  con- 
nections and  to  operate  the  Union  tracks  himself  from  the  city  line  to  Kingsbridge.  Thirty  daj's' 
public  notice  will  be  given  of  any  proposed  change. 


On    said    opinion    the    following   order    was    entered : 

EXHIBIT    "B." 
UNITED  STATES  CIRCUIT  COURT, 

FOR  THE  SOUTHERN  DISTRICT  OF  NEW  YORK. 


THE  LORAIN   STEEL  COMPANY, 

Complainant, 

against 

UNION  RAILWAY  COMPANY  OF  NEW  YORK  CITY, 

Defendant. 


Frederick  W.  Whitridge,  as  Receiver  of  the  Union  Railway  Company  of  New  York  City,  having  on 
the  fifteenth  day  of  May,  1908,  presented  to  the  Court  his  petition  for  authority  to  discontinue  the  system 
of  transfers  existing  between  the  said  Union  Railway  Company  and  the  Manhattan  Elevated  Railway 
Company,  by  the  terms  of  which  transfer  tickets  were  sold  by  each  of  the  parties  for  eight  cents,  entitling 
the  purchaser  to  a  continuous  ride  upon  the  lines  of  the  other  party,  and  also  for  authority  to  discontinue 
certain  transfers  between  the  said  Union  Railway  Company  and  the  Yonkers  Railroad  Company  and  the 
Westchester  Electric  Railroad  Company,  and  on  the  hearing  of  said  application  J.  Mortim.er  Bell,  having 
appeared  for  the  City  of  Mount  Vernon;  William  L.  Kitchell,  for  the  Village  of  Bronxville;  Henry  A. 
Anderson,  for  the  Village  of  North  Pelham;  Arthur  M.  Johnson,  for  J.  Addison  Young,  as  Receiver  of 
the  Westchester  Electric  Railroad  Company;  Charles  E.  Otis,  for  the  City  of  Yonkers,  and  Leverett  F. 
Crumb,  for  Leslie  Sutherland,  as  Receiver  of  the  Yonkers  Railroad  Company;  and  all  having  opposed  the 
granting  of  such  application,  and  Bowers  &  Sands,  having  appeared  for  the  Central  Trust  Company  of  New 
York,  as  Trustee  under  the  First  Consolidated  Mortgage   of   The   Third   Avenue   Railroad   Company,   dated 

18.=; 


May  15,  1900,  under  which  all  of  the  stock  of  the  Westchester  Electric  Railroad  Company,  and  all  of  the 
stock  of  the  Yonkers  Railroad  Company,  except  one  hundred  and  twenty  shares  was  and  is  pledged,  and 
not  opposing  such  application,  and  the  Court  having  directed  that  notice  be  given  to  the  Manhattan  Ele- 
vated Railway  Company  and  to  the  Trustees  of  the  mortgages  made  by  the  Yonkers  Railroad  Company 
and  the  Westchester  Electric  Railroad  Company,  and  to  the  holders  of  the  said  one  hundred  and  twenty 
shares  of  the  stock  of  the  said  Yonkers  Railroad  Company  of  said  application,  and  that  they  would  be  given 
an  opportunity  to  be  heard  thereon  on  the  third  day  of  June,  1908,  which  notice  was  duly  given,  and  Alex- 
ander &  Green  having  appeared  for  the  Mercantile  Trust  Company,  as  Trustee  under  the  mortgage  of  the 
said  Westchester  Electric  Railroad  Company;  and  Strong  &  Cadwalader  having  appeared  for  the  Manhattan 
Trust  Company,  as  Trustee  under  the  Mortgage  of  the  said  Yonkers  Railroad  Company,  and  the  Manhattan 
Elevated  Railway  Company  having  waived  the  ninety-day  notice  provided  for  in  the  contract  relating  to 
the  exchange  of  transfers  with  it,  and  none  of  said  last-named  parties  having  opposed  the  granting  of  the 
aforesaid  application,  and  none  of  the  holders  of  said  one  hundred  and  twenty  shares  of  the  stock  of  the 
said  Yonkers  Railroad  Company  having  appeared  or  opposed  said  application,  and  due  deliberation  having 
been   had   thereon ; 

Now  on  motion  of  Evarts,  Choate  &  Sherman,  solicitors  for  the  said  Frederick  W.  Whitridge,  as 
Receiver  of  the   Union   Railway   Company  of  New  York   City,  it  is 

Ordered  that  authority  be  and  the  same  hereby  is  given  to  Frederick  W.  Whitridge  as  Receiver  of 
the  said  Union  Railway  Company  of  New  York  City  to  discontinue  the  exchange  of  transfers  between 
the  Manhattan  Elevated  Railway  Company  and  the  Union  Railway  Company  of  New  York  City,  pro- 
vided that  no  such  discontinuance  shall  be  undertaken  until  after  notice  of  his  intention  to  discontinue 
such  exchange  of  transfers  shall  be  posted  for  ten  days  in  all  cars  in  such  parts  of  the  system  as  are 
aflFected  thereby,  and  it   is   further 

Ordered  that  the  said  Frederick  W.  Whitridge  as  Receiver  as  aforesaid  endeavor  to  make  some  ar- 
rangements satisfactory  to  all  interests  as  to  the  discontinuance  of  transfers  between  the  said  Union  Rail- 
way Company  and  the  Westchester  Electric  Railroad  Company,  and  that  if  unable  to  do  so,  he  is  author- 
ized to  discontinue  such  transfers  as  prayed  for  in  his  petition,  and  to  make  such  changes  in  the  service  as 
the  law  may  permit,  and  the  business  interests  and  property  in  his  custody  may  require,  provided,  however, 
that  he  give  thirty  days'  previous  notice  of  any  such  discontinuance  of  transfers  and  change  of  service,  and 
provide  such  waiting  room  facilities  at  the  places  where  through  line  service  may  be  discontinued  as  such 
changes  may  render  necessary  and  proper  to  provide  for  the  comfort  and  convenience  of  passengers;  and  it 
is  further 

Ordered  that  as  to  transfers  between  the  said  Union  Railway  Company  of  New  York  City  and  the 
Yonkers  Railroad  Company  on  Jerome  avenue  and  Bronx  River  Road  and  Webster  avenue  the  Receiver 
endeavored  to  make  some  arrangement  satisfactory  to  all  interests  as  to  the  discontinuance  of  transfers 
and  if  unable  to  make  such  arrangements,  he  be,  and  he  hereby  is,  authorized  to  discontinue  such  transfers 
as  prayed  for  in  his  said  petition  and  to  make  such  changes  in  the  service  as  the  law  may  permit  and  the 
business  interests  and  property  in  his  custody  may  require,  provided,  however,  that  he  give  thirty  days'  pre- 
vious notice  of  any  such  discontinuance  of  transfers  and  change  of  service  and  provide  such  waiting  room 
facilities  at  the  places  where  through  line  service  may  be  discontinued  as  such  changes  may  render  neces- 
sary and  proper  to  provide  for  the  comfort  and  convenience  of  passengers ;  and  as  to  the  line  operated  by 
the  Yonkers  Railroad  Company  over  the  tracks  of  the  said  Union  Railway  Company  from  the  City  of 
Yonkers  to  the  Kingsbridge  Subway  Station,  it  is  ordered  that  the  Receiver  first  undertake  to  make  some 
satisfactory  arrangement  with  the  Receiver  of  the  Yonkers  Railroad  Company  and  the  local  authorities  of 
the  City  of  Yonkers,  and  failing  that,  take  steps  to  make  proper  connections  and  to  operate  cars  over  the 
tracks  of  the  said  Union  Railway  Company  himself  from  the  City  Line  between  the  City  of  New  York  and 
the  City  of  Yonkers  to  Kingsbridge,  provided,  however,  that  thirty  days'  public  notice  be  given  of  any  pro- 
posed change. 

Dated  New  York,  August  27th,  1908. 

E.  HENRY  LACOMBE, 

U.  S.  C.  J. 

The  foregoing  order  was  filed  in  the  Clerk's  ofBce  of  the  United  States  Circuit  Court  for  the  Southern 
District  of  New  York  on  August  27,  1908. 


186 


SUPREME  COURT, 
Westchester  County. 


EXHIBIT    "D." 

Nyack,  N.  Y.,  Oct,  loth,  1908. 


In  the  Matter 

of 

The   Voluntary   Dissolution   of  the   WESTCHESTER   ELECTRIC   RAILROAD  I 
COMPANY,  a  Domestic  Corporation. 


Tompkins,   J. : 

This  motion  is  made  on  behalf  of  the  City  of  Mount  Vernon  for  an  Order  directing  J.  Addison  Young, 
Esq.,  Temporary  Receiver  of  the  Westchester  Electric  Railroad  Company,  to  make  a  traffic  agreement  with 
Frederick  W.  Whitridge,  Esq.,  Receiver  of  the  Union  Railway  Company,  whereby  the  said  Whitridge,  the  Re- 
ceiver of  the  Union  Railway  Company,  will  have  the  right  to  run  and  operate  cars  of  the  Union  Railway 
Company  over  the  tracks  of  the  Westchester  Electric  Railroad  Company  between  the  intersection  of  White 
Plains  Avenue  and  Two  Hundred  and  Twenty-ninth  Street,  in  the  Borough  of  the  Bronx,  and  the  corner 
of  East  First  Street  and  South  First  Avenue,  in  the  City  of  Mount  Vernon;  and  also  directing  said  Receiver 
Young  to  make  a  traffic  agreement  with  said  Receiver  Whitridge,  whereby  said  Receiver  Young  will  have 
the  right  to  run  and  operate  the  cars  of  the  Westchester  Electric  Railroad  Company  over  the  tracks  of  the 
Union  Railway  Company  from  Two  Hundred  and  Twenty-ninth  Street  and  White  Plains  Avenue,  in  the 
Borough  of  the  Bronx,  to  the  Subway  Station  at  One   Hundred  and  Seventy-seventh   Street. 

The  claim  is  made  on  the  part  of  the  City  of  Mount  Vernon  that  the  three  trolley  railroads,  known 
as  the  Westchester  Electric  Railroad  Conipany,  the  Yonkers  Railroad  Company  and  the  Union  Railway 
Company,  were  constructed  and  are  owned  and  controlled  by  the  same  men,  and  have  always  been  operated 
by  the  same  officers,  and  are  one  and  the  same  in  everything  but  their  names,  and  that  they  were  such  in 
1898,  when  the  City  of  Mount  Vernon  granted  a  franchise  to  the  Westchester  Electric  Railroad  Company, 
upon  condition  that  said  company  would  carry  passengers  from  any  point  on  its  lines  in  Mount  Vernon 
to  One  Hundred  and  Twenty-ninth  Street  and  Third  Avenue,  or  any  other  termini  of  the  Union  Railway 
Company,   in   the  Borough   of  the   Bronx,   for   a   single  five-cent  fare. 

That  may  be  so,  and  from  the  facts  now  before  the  Court,  it  would  seem  that  these  three  railroad 
companies  were,  before  they  went  into  the  hands  of  the  present  receivers,  practically  one  System,  owned, 
controlled  and  operated  in  common  by  the  same  interests.  They  are,  however,  three  separate  and  distinct 
corporations,  and  are  now  controlled  and  operated  by  separate  receivers;  The  receiver  of  the  Union  Rail- 
way Company  having  been  appointed  by  and  being  now  under  the  control  and  direction  of  the  United 
States  Circuit  Court  of  the  Southern  District  of  New  York,  while  the  Westchester  Electric  and  the  Yonkers 
Railroad  Companies  are  in  the  hands  of  Receivers  appointed  by  the  State  Courts :  So  that  this  Court  has 
no  control  over  the  conduct  of  Receiver  Whitridge,  or   the    Union    Railway   Company. 

Prior  to  these  Receiverships,  the  Westchester  Electric  Railroad  Company  did  carry  passengers  from  all 
points  on  its  lines  in  the  City  of  Mount  Vernon  over  its  own  tracks,  and  about  three  and  three-quarter 
miles  of  the  tracks  of  the  Union  Railway  Company  to  the  subway  station  at  One  Hundred  and  Seventy- 
seventh   street  for  one  five-cent  fare. 

The  Union  Railway  Company  also  operated  its  cars  from  the  City  of  Mount  Vernon  to  One  Hundred 
and  Twenty-eighth  street  and  Third  avenue,  in  the  Borough  of  Manhattan,  over  its  own  tracks,  and  a  part 
of  the  tracks  of  the  Westchester  Electric  Railroad  Company,  for  a  five-cent  fare. 

When  the  franchise  was  granted  to  the  Westchester  Electric  Railroad  Company  by  the  City  of  Mount 
Vernon  for  the  construction  and  operation  of  the  said  railroad,  including  the  tracks  over  which  the  Union 
Railway  Company  has  run  its  cars,  it  agreed  to  carry  passengers  on  any  of  its  lines  in  the  City  of  Mount 
Vernon,  and  on  the  lines  of  the  Union  Railway  Company  from  any  point  in  the  City  of  Mount  Vernon  to 
One  Hundred  and  Twenty-eighth  street  and  Third  avenue  without  change  of  cars,  and  for  a  single  fare  of 
five  cents.  And  the  claim  is  now  made  on  behalf  of  the  City  of  Mount  Vernon  that  the  Union  Railway 
Company  assented  to  the  said  agreement,  and  has  itself  carried  passengers  for  about  ten  years  past  under 
and  by  virtue  of  said  covenants  and  agreements. 

It  appears  that  Receiver  Whitridge  of  the  Union  Railway  Company,  acting  under  an  order  of  the 
Federal  Court,  has  given  notice  that  on  the  7th  day  of   October,    1908,   he   will    discontinue   the  operation   of 

187 


the  Union  Railway  Company's  cars  over  the  tracks  of  the  Westchester  Railroad  Company,  and  that  the 
cars  of  the  Westchester  Electric  Railroad  Company  cannot  be  operated  over  the  tracks  of  the  Union  Rail- 
way Company  after  that  date,  and  that  thereafter  the  Union  Railway  Company  will  cease  to  give  transfers 
for  use  on  the  Westchester  Electric  Railroad,  and  will  not  accept  for  passage  over  its  lines  transfers  issued 
by  the  Westchester  Electric  Railroad  Company.  The  object  of  this  motion  is  to  compel  the  making  of 
some  kind  of  a  traffic  agreement  between  the  Receivers  Young  and  Whitridge,  by  which  the  franchise 
contract  on  the  part  of  the  Westchester  Electric  Railroad  Company  to  carry  passengers  from  Mount  Vernon 
to  the  Subway  and  One  Hundred  and  Twenty-eighth  street  for  a  single  fare  of  five  cents  can  be  carried 
out. 

I  am  satisfied  from  the  affidavit  of  Receiver  Young  that  he  has  made  every  reasonable  effort  to  make 
some  satisfactory  arrangement  with  the  Receiver  of  the  Union  Railway  Company  for  the  continuance  of 
transfers,  and  for  the  carrying  of  passengers  from  Mount  Vernon  to  New  York  City  over  the  tracks  of 
both  railroad  companies  for  a  single  fare,  but  that  because  of  the  order  of  the  Federal  Court,  and  the 
action   thereunder   by   Receiver   Whitridge,   he   has   not  been  able  to  accomplish  anything  in  that  direction. 

This  Court,  of  course,  cannot  compel  Receiver  Whitridge  to  receive  transfers  from  the  Westchester 
Electric  Railroad  Company,  nor  can  it  require  him  to  run  the  Union  Railway  cars  over  the  tracks  of  the 
Westchester  Electric  Railroad  Company,  or  permit  the  Westchester  Electric  Railroad  Company's  cars  to 
run  over  the  Union  Railway  Company's  tracks,  nor  will  this  Court  make  an  Order  directing  Receiver  Young 
to  make  such  a  traffic  agreement  with  the  Receiver  of  the  Union  Railway  Company,  which  that  Receiver 
cannot  and  will  not  enter  into.  In  other  words,  it  would  be  futile  for  the  Court  to  make  an  Order  direct- 
ing an  agreement  to  be  made  by  Receiver  Young  which,  owing  to  the  Orders  heretofore  made  by  the 
Federal   Court,   he   would  be  unable  to   enter  into  with   the   Receiver   of   the   Union    Railway    Company. 

So  that  all  this  Court  can  do  on  this  application  is  to  advise  its  officer,  the  Receiver,  as  to  the  best 
method  of  solving  the  problem  by  which  he  is  confronted.  If  the  Court  had  power  on  this  motion  to 
force  the  Westchester  Electric  Railroad  Company  to  carry  passengers  for  one  fare  from  Mount  Vernon 
to  Manhattan,  and  thus  compel  compliance  by  it,  with  the  terms  of  its  franchise,  it  would  not  hesitate 
to  exercise  that  power  in  favor  of  the  people  who  in  good  faith  bestowed  upon  the  railroad  company  its 
franchise  privileges,  but  inasmuch  as  the  Union  Railway  Company  is  in  law  a  separate  company,  with  its 
property  in  the  custody  and  under  the  control  of  another  receiver,  appointed  by  the  Federal  Court,  and 
subject  only  to  the  directions  of  that  Court,  this  Court  is  powerless  at  this  time  and  in  these  proceedings 
to  direct  Receiver  Whitridge  to  co-operate  with  Receiver  Young  in  giving  the  people  of  Mount  Vernon 
what  they  are  entitled  to  under  the  franchise  given  to  the  Westchester  Electric  Railroad  Company. 

It  seems  to  me  that  Receiver  Young  has  shown  commendable  diligence  and  earnestness  in  his  efforts 
to  save  to  the  people  of  Mount  Vernon  the  right  to  be  carried  from  any  point  in  the  City  of  Mount 
Vernon  to  Manhattan  Borough  for  a  single  five-cent  fare,  and  that  his  efforts  have  failed  only  because 
the  Westchester  Electric  Railroad  Company  has  no  track  south  of  Two  Hundred  and  Twenty-ninth  street, 
in  the  Borough  of  the  Bronx,  and  has  no  contract  with  the  Union  Railway  Company  whereby  that  company 
is  obliged  to  carry  passengers  coming  from  points  in  Westchester  County  on  the  Westchester  Electric 
Railroad  Company  over  the  lines  of  the  Union  Railway  Company  without  an  extra  fare,  and  because  the 
Federal  Court  for  that  reason  has  authorized  the  Receiver  of  the  Union  Railway  Company  to  discontinue 
the  transfers  between  that  company  and  the  Westchester  Electric  Railroad  Company  in  the  event  of  his 
not  being  able  to  make  some  arrangement  satisfactory  to  all  for  a  continuance  thereof.  Such  an  arrange- 
ment has  not  been  made.  Hence  the  Order  of  Discontinuance,  which  is  to  go  into  effect  October  7th, 
1908. 

Prior  to  the  making  of  this  motion,  conferences  were  held  and  negotiations  were  had  between  these 
two  Receivers  and  representatives  of  the  City  of  Mount  Vernon,  with  a  view  to  an  amicable  adjustment 
of  this  matter  and  the  preservation  of  the  rights  of  the  City  of  Mount  Vernon.  As  a  result  of  these 
meetings,  the  representatives  of  the  City  of  Mount  Vernon  agreed,  as  a  compromise,  to  be  satisfied  for  the 
present  with  through  cars  on  one  main  line  between  Mount  Vernon  and  One  Hundred  and  Twenty-eighth 
street  or  One  Hundred  and  Twenty-ninth  street.  New  York  City,  for  a  single  fare  of  five  cents,  without 
transfers,  and,  as  I  understand  it,  this  proposition,  made  on  behalf  of  the  City  of  Mount  Vernon,  was  ac- 
cepted by  both  Receivers,  provided  the  authorities  of  the  City  of  Mount  Vernon  would  so  modify  the 
Westchester  Electric  Railroad  Company's  franchises  as  to  relieve  it  from  the  obligation  to  issue  transfers 
and   from   liability  on   the  bond  given   at  the  time   th;  franchises  were  granted. 

I  also  understand  from  the  papers  before  me  that  the  representatives  of  the  City  of  Mount  Vernon 
agreed  to  these  propositions  for  a  modification  of  the  Westchester  Electric  Railroad  Company's  fran- 
chises, and  that,  in  accordance  with  those  suggestions,  plans  for  the  modification  of  the  franchises  of  the 
Westchester  Electric  Railroad  Company  were  prepared  and  submitted  to  the  Common  Council  of  the  City 
of  Mount  Vernon  in  July,  but  have  not  yet  been  finally  acted  upon.  So  that  it  seems  to  me  that  the  present 
unsettled   conditions   and  the   imminent   cutting   off   of  the  right  of  Westchester  Electric  Railroad  Company 

188 


passengers  to  be  carried  beyond  Two  Hundred  and  Twenty-ninth  street  is  due  to  the  fact  that  the  Common 
Council  and  the  Receiver  have  failed  to  agree  upon  the  terms  and   details  of  the  proposed  modifications. 

All  agree  that  the  important  result  to  be  obtained  is  the  continuance  of  the  right  of  Mount  Vernon 
people  to  be  carried  into  the  Borough  of  Manhattan  for  a  single  fare  of  five  cents,  and  under  existing  con- 
ditions it  is  manifest  that  that  cannot  be  accomplished  by  an  Order  of  this  Court.  The  failure  of  the  West- 
chester Electric  Railroad  Company  to  do  that  which  seems  to  be  its  plain  duty  may  result  in  a  forfeiture  of 
its  charter  and  liability  on  its  bond,  but  it  does  not  authorize  this  Court  to  make  an  Order  directing  its 
Receiver  to  use  the  tracks  of  another  railroad  company,  or  directing  him  to  make  a  contract  with  the 
Federal  Court  Receiver  which  that  Receiver  refuses  to  be  a  party  to. 

It  is  therefore  my  opinion  that  the  Common  Council  of  the  City  of  Mount  Vernon  should  make  such 
reasonable  modifications  in  the  franchises  of  the  Westchester  Electric  Railroad  Company  as  will  protect  it 
and  its  Receiver  in  carrying  out  the  plan  for  a  single  trunk  line  to  One  Hundred  and  Twenty-ninth  street, 
from  Mount  Vernon,  for  a  single  five-cent  fare,  without  transfers,  and  that  Receiver  Young  should  co- 
operate with  the  Common  Council  and  Receiver  Whitridge  for  the  accomplishment  of  that  result. 

I  can  make  no  Order  in  the  case.  I  can  only  urge  the  Common  Council  and  the  Receiver  to  promptly 
adjust  their  differences  respecting  franchise  changes,  to  the  end  that  harmonious  traffic  arrangements  may  be 
resumed  between  the  two  railroads,  and  the  people  of  Mount  Vernon  be  relieved  from  paying  a  double 
fare. 


EXHIBIT   "E." 

New  York,  October  6th,  iqo8. 
Leslie  Sutherland,  Esq., 

Receiver,  Yonkers  Railroad  Company, 

Yonkers,  New  York. 

My  dear  Sir: 

I  have  yours  of  the  5th  instant  and  in  reply  thereto,  I  have  to  say  I  understand  that  you 
and  I  agreed  last  Spring  that  the  service  as  at  present  conducted  on  the  street  cars  of  the 
Yonkers  and  Union  Railways  did  not  pay  for  either  Company,  and  I  mean  by  that,  not  only  did 
not  pay  interest  upon  the  actual  capital  invested,  but  was  not  sufficient  to  pay  for  the  operation 
of  the  roads,  and  that  some  change  in  the  situation  by  which  the  Companies  could  each  receive 
more  money,  was  absolutely  essential  if  they  were  to  continue  in  operation  and  in  the  service  of 
the  public.  My  own  independent  examination  of  the  subject  convinced  me  that  this  was  true.  I 
accordingly  stated  my  conclusions  to  the  Court  and  asked  authority  to  discontinue,  the  exchange 
of  transfers  between  the  Union  and  the  Yonkers  Railways.  On  the  return  of  that  motion,  the 
City  of  Yonkers,  and  I  believe  you,  were  both  heard  at  length,  and  the  Court  finally  made  its 
order  on  the  15th  of  June.  You  were  promptly  sent  a  certified  copy  of  the  opinion  of  the 
Court  and  since  that  date  I  have  been  in  constant  communication  with  you  and  officials  and  citi- 
zens of  your  City,  and  with  the  representatives  of  the  other  municipalities  through  which  the  lines 
run  which  connect  with  the  Union  Railway  and  were  affected  by  the  order. 

I  have  discussed  with  you  ad  nauseam  the  various  things  which  might  be  done.  The  two 
things  which  were  perfectly  plain  to  me — and  I  think  I  made  them,  so  far  as  it  devolved  upon 
me  so  to  do,  plain  to  everybody  else — were,  First:  That  an  exchange  of  transfers  could  be 
compelled  under  the  Law  of  the  State,  as  it  stands,  so  long  as  the  roads  were  operated  as  they 
are  now  operated,  and  the  only  way  in  which  that  could  be  avoided  was  to  terminate  that  method 
of  operation.  This  I  propose  to  do  in  accordance  with  the  Court's  order  of  June  15th,  or,  if  it 
was  desirable  to  make  some  temporary  arrangement,  such  arrangement  must  be  conditioned  on 
the  understanding  that  the  Union  Railroad,  at  least,  was  not  to  be  put  at  the  mercy  of  the  petty 

189 


attorneys  who  bring  actions  to  collect  a  penalty  for  refusing  to  issue  transfers.  Second :  That 
there  could  be  no  permanent  settlement  of  this  business  until  the  franchises  of  the  City  of  Yonk- 
ers  which  were  incumbent  upon  the  Yonkers  Railway  and  which  made  it  necessary  for  that 
Railway  to  issue  and  receive  transfers,  were  changed,  rescinded  or  otherwise  disposed  of. 

Now,  so  far  as  I  am  aware,  there  are  three  ways  of  dealing  with  a  franchise.  First :  It  may 
be  observed.  In  this  case,  we  all  agree  that  that  is  impossible.  Second:  It  may  be  violated;  the 
grantor  may  revoke  it.     Third:  It  may  be  ignored. 

As  a  temporary  matter,  I  was  quite  prepared  to  ignore  these  Yonkers  franchises  in  order  to 
serve  the  public,  provided  we  could  be  protected  by  consent  or  good  understanding  or  in  some 
other  way,  against  suits  for  collection  of  the  penalty  for  refusing  to  issue  transfers.  I  have  been 
very  much  struck  with  the  fact  that  all  the  representatives  of  Yonkers  whom  I  have  seen,  appear 
to  think  that  the  franchises  given  by  them  are  intrinsically  valuable  things,  like  gold  dollars  or 
diamonds,  and  because  of  that  fact  they  have  done  me  the  honor  not  to  believe  what  I  have  said 
in  respect  to  the  termination  of  the  present  service,  because  they  do  not  believe  that  anybody 
could  possibly  be  willing  to  imperil  the  franchises  they  have  granted.  I  know  nothing  about  the 
application  for  these  franchises,  the  representations  made  by  those  who  asked  for  them,  or  the 
motives  of  those  who  granted  them;  I  can  only  deal  with  the  situation  as  I  find  it.  As  I  see 
the  situation,  some  positive  action  by  the  City  of  Yonkers  is  a  prerequisite  to  the  final  determina- 
tion of  this  business. 

I  may  be  mistaken,"  but  it  appears  to  me  to  be  equally  plain  that  you  are  not  prepared  to 
make  to  the  City  any  proposition  for  the  modification  of  its  franchises,  and  the  City  authorities 
are  not  prepared  to  make  any  such  modification  of  their  own  motion,  because  they  do  not  believe 
that  I  will  take  the  action  of  which  I  have  given  notice.  I  appreciate  the  difficulties  under  which 
you  rest,  and  I  very  much  appreciate  the  attitude  of  some  of  the  officials  of  the  City  of  Yonkers, 
but,  as  I  said  to  you  yesterday,  I  am  tired  of  merely  talking  about  this  business,  and,  so  far  as 
I  am  concerned,  I  have  said  my  last  word.  After  the  order  of  the  Court  has  gone  into  eflfect, 
I  shall  be  prepared,  as  I  have  always  been  prepared  during  the  last  four  months,  to  take  up  with 
you  and  with  the  City  of  Yonkers,  any  proposition  which  you  think  is  favorable  to  your  Com- 
pany, and  which  will  give  to  it  and  to  the  Union  Railway  adequate  compensation  which  they 
must  have,  and  which  I  venture  to  think  they  deserve. 

Yours  truly, 

Receiver. 

EXHIBIT  "F." 

New  York,  October  6th,  1908. 
Honorable  Chas.  E.  Otis, 

Corporation  Counsel  City  of  Yonkers, 
Yonkers,  New  York. 

My  dear  Sir: 

I  have  yours  of  the  5th  and  in  reply  thereto  I  beg  to  say  that  I  quite  agree  with  you  that 
the  City  of  Yonkers  should  have  received  from  the    Receiver    of    the    Yonkers    Railway    some 

190 


proposition  upon  which  it  would  act  for  the  solution  of  the  transfer  problem  which  confronts 
it.  I  presume  that  you  would  have  received  such  a  proposition  had  the  City  authorities  shown 
a  proper  disposition  to  deal  with  it  when  they  got  it.  I  am  exceedingly  sorry  that  the  public 
should  be,  in  any  manner,  inconvenienced,  but,  as  I  have  written  to  Mr.  Sutherland  in  a  letter, 
of  which  I  enclose  herewith  a  copy,  I  have  talked  about  this  business  for  four  months  and 
have  manifested  every  disposition  to  meet  everybody  or  anybody  on  any  terms  which,  while 
giving  to  the  railroads  adequate  compensation,  will  meet  the  convenience  of  the  public  which 
they  serve. 

I  particularly  note  your  statement  that  the  City  of  Yonkers  has,  at  no  time,  asked  or 
sought  any  right  or  privilege  as  to  transportation  or  fares  to  which  it  was  not  or  is  not  legally 
and  absolutely  entitled.  I  presume  that  is  true.  The  difficulty  is,  the  City  of  Yonkers,  either 
by  its  own  act  or  through  the  representations  of  the  persons  who  asked  for  such  franchises,  has 
become  legally  and  actually  entitled  to  things  which  are  commercially  impossible  to  have,  and, 
so  far  as  I  can  make  out  from  the  statements  which  have  been  made  to  me  by  the  citizens  of 
Yonkers,  while  they  are  willing  to  talk  about  some  arrangement  between  these  railroads,  they 
are  not  prepared  to  actually  do  anything  at  all,  and  will  not  be  until  Judge  Lacombe's  order  nas 
been  complied  with.  Under  these  circumstances,  as  I  have  been  conferring  with  the  Receiver  of 
the  Yonkers  Railway  and  with  your  citizens  for  about  four  months,  and  as  no  proposition  has 
been  made  to  the  City  by  the  Receiver  and  as  the  City  has  made  no  proposition  to  him,  and  as 
a  reasonable  time  for  a  consideration  of  the  whole  matter  by  the  City  has  long  since  expired,  I 
do  not  see  my  way  to  make  any  modification  of  the  notice  which  I  have  published  in  respect  to 
the  termination  of  the  service  as  it  now  exists,  and  which  will  go  into  effect  on  the  7th  of  October. 

I  beg,  however,  to  assure  you  that  after  it  has  gone  into  effect,  I  shall  at  all  times  here- 
after be  as  ready  as  I  have  been  at  all  times  hitherto,  to  discuss  some  reasonable  settlement  of 

these  difficulties. 

Yours  truly, 

Receiver. 

EXHIBIT    "I." 

October  2,  1908. 
Mr.  J.  Addison  Young,  Receiver, 

Westchester  R.  R.  Co., 

Yonkers,  N.  Y.  . 

Dear  Sir: 

Answering  your  letter  of  September  29,  1908,  and  in  order  that  my  position,  as  stated  to  you 
orally  on  several  occasions,  regarding  traffic  arrangements  between  the  Union  Railway  Com- 
pany and  the  Westchester  Electric  Railroad  Company,  may  be  definitely  understood,  I  beg  to  say 
that  I  have  endeavored  to  find  some  plan  which  would  be  satisfactory  to  the  traveling  public, 
and  mutually  agreeable  to  us,  and  for  that  purpose  have  frequently  conferred  with  you,  and 
met  committees  and  delegations  representing  various  localities  interested  in  the  operation  of  the 
railroads  in  our  custody,  and  after  such  conferences,  and  careful  consideration,  I  approved  of  the 
proposition  made  to  us  by  the  representatives  of  the  City  Government  of  Mount  Vernon,  and 

191 


the  Citizens'  Committee  from  that  City,  who  waited  upon  us.  This  plan  was  a  trunk  Hne  to  be 
operated  by  the  Union  Railway  Company  from  the  Westchester  Station  at  Mount  Vernon  to  129th 
Street  for  a  single  fare  with  no  transfers  given  or  accepted.  The  Committee  and  representa- 
tives of  the  City  Government  at  the  same  time  proposed  to  effect  certain  changes  in  the  franchises 
of  the  Westchester  Electric  Railroad  Company  in  Mount  Vernon.  This  proposition  was  as  lib- 
eral, in  the  way  of  transit  privileges,  as  the  interests  of  the  Union  Railway  Company  would  permit 
me  to  go,  and  as  the  local  authorities  of  the  City  of  Mount  Vernon  failed  to  carry  out,  within  a 
reasonable  time,  their  part  of  the  plan  proposed  by  their  representatives,  my  only  course  was  to 
proceed  to  carry  out  the  instructions  of  the  Court  in  the  premises,  as  specified  in  my  notice  to 

you  and  the  public,  dated  September  7th,  1908. 

Yours  truly, 

Receiver. 


New  York,  October  15th,  1908. 
Honorable  Chas.  E.  Otis, 

45  Warburton  Avenue, 

Yonkers,  New  York. 

Dear  Sir: 

I  have  received  from  the  Public  Service  Commission  copy  of  the  complaint  of  Dr.  N.  A. 
Warren,  filed  by  you,  in  respect  to  the  discontinuance  of  the  service  between  the  City  of  Yonk- 
ers and  the  City  of  New  York.  I  send  you  copy  of  my  reply  thereto.  I  must  ask  you  to  excuse 
me  for  not  sending  the  exhibits,  as  they  are  voluminous  and  because  I  assume  that  if  a  hearing 
be  requested  by  you,  it  will  be  necessary  to  print  the  record. 

Yours  truly, 

Receiver. 
Enclosure. 


New  York,  October  12,  1908. 
Frederick  W.  Whitridge,  Esq.,  Receiver, 

Union   Ry.    Co.,   Third   Ave.   and   6sth    Street, 
New  York  City. 

Sirs : 

Herewith  is  transmitted  a  duly  certified  copy  of  Order  No.  775  of  this  Commission  upon  the  com- 
plaint of  John  Clarey,  by  Eugene  Archer,  Atty.,  4389  Richardson  Ave.,  Bronx,  N.  Y.,  in  the  matter  of 
discontinuance  of  through  route   between  229th   and   242nd  Streets  on  White  Plains  Road. 

Rule  VIII  adopted  by  the  Public  Service  Commission  requires  the  original  answer  to  be  filed  with 
the  Secretary  of  the  Commission  at  its  office  within  the  time  specified,  and  a  copy  thereof  at  the  same 
time  be   served  personally  or  by  mail   upon  the   complainant,  and  the  Commission  so  notified. 

The  answer  must  specifically  admit  or  deny  the  material  allegations  of  the  complaint,  and  also  set 
forth  the  facts  which  will  be  relied  upon  to  support  any  such  denial.  If  satisfaction  is  made  before  answer- 
ing,  a   written   acknowledgment  thereof  by  the   complainant  must  be  filed. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 

Secretary. 
EMR/DMQ 

192 


..) 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

JOHN  CLAREY, 

Complainant, 
vs. 

FREDERICK  W.  WHITRIDGE,  Receiver  of  UNION  RAILWAY  COMPANY )   Oj'der  for  Answer. 
OF   NEW    YORK   CITY,    and   J.    ADDISON    YOUNG,    Receiver   of    WEST-'        ^°-  '^'^^■ 
CHESTER  ELECTRIC  RAILROAD  COMPANY,  \ 

Defendants.      | 

This  matter  coming  on  upon  the  complaint  of  John  Clarey,  by  Eugene  Archer,  Attorney,  No.  4389 
Richardson  Avenue,  Bronx,  New  York  City,  by  which  it  appears  that  said  complainant  is  aggrieved  by  acts 
done  or  omitted  to  be  done  by  Frederick  W.  Whitridge,  Receiver  of  the  Union  Railway  Company  of  New 
York  City,  and  J.  Addison  Young,  Receiver  of  the  Westchester  Electric  Railroad  Company,  and  set  forth  in 
said  complaint,  which  are  claimed  to  be  in  violation  of  some  provision  of  law  or  of  the  terms  and  condi- 
tions of  the  defendants'  franchises  or  of  an  order  of  this    Commission, 

Now,   upon   the   said   complaint,   it   is 

ORDERED :  That  a  copy  of  the  said  complaint  be  forwarded  to  the  said  defendants  and  that  the 
matters  therein  complained  of  be  satisfied  or  the  charges  in  said  complaint  set  forth  answered  by  the 
said   defendants  within   five   days   after  service  upon  them  of  this  order,  exclusive  of  the  day  of  service. 


In  the  Matter 
of  the 

Discontinuance  by  the  UNION  RAILWAY  COMPANY  OF  THE  CITY  OF 
NEW  YORK  of  a  through  route  between  15th  Avenue  or  229th  Street  and  Demilt 
Avenue  or  242nd  Street,  along  the  White  Plains  Road,  Borough  of  the  Bronx, 
City  of  New  York. 


Petition  of  JOHN   CLAREY 

TO  THE  HONORABLE  PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT,  CITY  OF 
NEW   YORK: 

Your  petitioner  aggrieved  and  injured  by  and  because  of  the  acts  of  the  Union  Railway  Company 
(Frederick  W.  Whitridge,  Receiver),  praying  for  relief  from  your  Honorable  Commission,  herewith  re- 
spectively alleges : 

First. — That  he  is  a  resident  of  Wakefield.     Borough  of  the  Bronx,  City  of  New  York. 

Second. — That  the  Union  Railway  Company  of  the  City  of  New  York  is  a  street  railway  whose  lines 
of  railroad  are  located  wholly   in   the   Borough   of  the   Bronx,  City  of  New  York. 

Third. — That  on  or  about  February  18.  1893,  there  was  granted  by  the  Village  of  South  Mount  Vernon 
(afterwards  known  as  Wakefield),  to  the  Mount  Vernon  and  Eastchester  Railway  Company  a  franchise  by 
which  permission  was  granted  to  the  said  company  to  operate  a  railroad  along  the  White  Plains  Road  in 
the  said  Village,  from  its  northerly  boundary  line  to  19th  Avenue,  and  section  12  of  such  franchise  pro- 
vided as  follows : 

"The  Village  reserves  the  right  to  grant  to  one  other  corporation  a  franchise  to  run  cars  over  the 
tracks  of  the  said  company,  to  be  laid  upon  the  White  Plains  Road,  or  Third  Street,  between  19th  Ave- 
nue and  Demilt  Avenue  and  the  said  Company  its  successors  and  assigns  will  permit  such  other  corpora- 
tion to  whom  such  franchise  may  be  granted  by  said  Village  to  run  its  cars  over  the  tracks  of  the  above 
mentioned  company  between  said  points  upon  such  terms  and  conditions  as  may  be  agreed  upon  by  and 
between   the    two    companies,    but,    if    such   two    companies  cannot  agree  upon  such  terms  or  conditions,  the 

193 


questions  in  dispute  are  to  be  submitted  to  the  trustees  of  the  said  Village  of  South  Mount  Vernon,  the  de- 
cision of  whom  or  a  majority  thereof  is  to  be  binding  upon  the  said  two  companies." 

That  shortly  after  the  granting  of  the  said  franchise  the  said  Mount  Vernon  and  Eastchester  Rail- 
way Company  was   succeeded  by  the  Westchester  Electric  Railroad  Company. 

Fourth. — That  on  or  about  April  i6,  1894,  there  was  granted  by  the  said  Village  of  South  Mount 
Vernon  (afterwards  known  as  Wakefield),  a  franchise  to  the  Union  Railway  Company  to  operate  a  Rail- 
road through  the  said  Village  along  the  White  Plains  Road  from  isth  Avenue,  or  229th  Street,  to  Demilt 
Avenue,    or   242nd    Street,    and    the    first   paragraph    of  said  franchise  is  as  follows : 

"RESOLVED  that  the  consent  of  the  Board  of  Trustees  of  the  Village  of  South  Mount  Vernon, 
the  legal  authorities  empowered  by  law  to  grant  such  consent  be  and  it  is  hereby  given  to  the  Union  Rail- 
way Company,  its  successors  and  assigns,  and  under  and  by  virtue  of  the  right  heretofore  reserved  in  the 
franchise  granted  to  the  Mount  Vernon  and  Eastchester  Railway  Company,  the  said  Union  Railway  Com- 
pany being  a  corporation  organized  and  existing  under  the  laws  of  the  State  of  New  York,  for  the  purpose 
of  building  and   operating  or  extending  a  street  surface  railroad." 

Fifth. — Section    11    of  the   said   franchise   reads   as  follows: 

"All  main  tracks  shall  be  laid  in  the  center  of  the  road  and  both  the  Union  Railway  Company  and  the 
Mount  Vernon  and  Eastchester  Railway  Company  shall  operate  their  railways  over  the  same  tracks,  it  being 
the  intent  and  meaning  of  this  condition  that  the  tracks  laid  upon  the  White  Plains  Road  to  the  northerly 
boundary  line  of  this  Village  from  19th  Avenue  shall  be  used  jointly  by  both  companies." 

Sixth. — Section  2  of  the  said  franchise  reads  as  follows : 

"A  book  of  100  tickets,  to  cost  five  cents  each,  are  to  be  placed  on  sale  in  the  Village  of  South  Mount 
Vernon  in  one  or  more  places  so  as  to  be  obtained  by  the  residents  of  the  Village  of  South  Mount  Vernon, 
between  the  hours  of  7  A.  M.  and  6  P.  M.  daily;  each  of  these  tickets  to  be  accepted  when  presented  in  book 
form  to  employees  of  the  Union  Railway  Company  for  one  continuous  ride  on  the  cars  of  the  said  company; 
its  successors  or  assigns,  to  and  from  129th  Street,  New  York,  to  and  from  any  point  by  either  West  Farms 
or  Fordham  Road,  so  called  in  South  Mount  Vernon." 

Seventh. — Section  4  of  the  said  franchise  reads  as  follows : 

"The  said  Union  Railway  Company  shall  run  a  car  daily  over  its  entire  road  in  said  Village  of  South 
Mount  Vernon  in  each  direction  at  least  every  half  hour  from  5 :30  A.  M.  to  12 :30  A.  M.,  and  at  least 
hourly  thereafter  until  5 130  A.  M.,  after  said  company's  lines  shall  be  operated  from  Fordham  and  Webster 
Avenue  to  Williamsbridge,  to  its  intersection  with  the  White  Plains  Road." 

Eighth. — That  a  line  of  cars  was  put  in  operation  and  service,  maintained  in  both  directions  from  the 
Northerly  to  the  Southerly  line  of  the  Village  on  or  about  June  i,  1894,  and  continued  until  midnight,  Octo- 
ber 7,  1908. 

Ninth. — That  the  said  Village  of  South  Mount  Vernon  (afterwards  known  as  Wakefield),  was  annexed 
to  the  City  of  New  York  in  June  5,  1895,  by  Chapter  934  of  the  Laws  of  1895,  that  prior  to  September  ist, 
1908,  all  the  cars  operated  in  either  direction  on  the  White  Plains  Road  from  15th  Avenue  to  the  Northerly 
boundary  line  of  the  City  of  New  York  have  borne  the  name  of  the  Union  Railway  Company,  and  at  no 
time  before  September  ist,  last,  were  there  any  cars  run  over  this  road  bearing  the  name  of  the  Westchester 
Electric  Railroad  Company,  and  since  1898  or  thereabouts  the  system  of  books  was  dispensed  with  and  since 
that  time  up  to  midnight,  October  7,  1908,  passengers  were  carried  in  the  cars  marked  Union  Railway  Com- 
pany to  and  from  128th  Street  from  and  to  the  former  Village  of  South  Mount  Vernon  (afterwards  Wake- 
field), for  five  cents,  with  the  privilege  of  transferring  without  extra  charge  to  all  other  surface  lines  in 
the  Borough  of  the  Bronx. 

Tenth. — That  about  two  weeks  ago  for  the  first  time  there  were  operated  over  the  said  road  in  the 
former  Village  of  Wakefield  cars  bearing  the  name  Westchester   Electric   Railroad    Company. 

Eleventh. — That  since  midnight,  October  7,  1908,  the  said  Union  Railway  Company  has  refused  to  carry 
passengers  traveling  north  further  than  233rd  Street,  or  19th  Avenue,  and  it  has  compelled  the  passengers 
to  alight  from  the  cars  at  that  point  and  refused  to  give  transfers  at  that  point  to  the  cars  of  the  West- 
chester Electric  Railroad  Company  going  North,  the  cars  coming  from  below  isth  Avenue  or  229th  Street 
only  running  as  far  as  233rd  Street,  when  they  are  switched  back  and  run  again  in  a  southerly  direction,  from 
whence  they  came. 

Twelfth. — That  since  midnight,  October  7,  1908,  the  said  Westchester  Electric  Railway  Company  has  op- 
erated its  cars  to  233rd  Street,  and  no  further,  although  transfers  have  been  given  to  passengers  when  asked 

194 


for,  but  the  transfers  are  refused  when  tendered  to  the   Union    Railway    Company    for   a    trip    from   233rd 
Street  South. 

Thirteenth. — That  by  reason  of  the  discontinuance  by  the  Union  Railway  Company  of  its  service  in  the 
operation  of  its  cars  over  the  entire  road  through  the  said  late  Village  of  Wakefield  (formerly  South 
Mount  Vernon),  the  inhabitants  of  the  said  late  Village  of  Wakefield  (formerly  South  Mount  Vernon), 
living  above  19th  Avenue  (or  233rd  Street)  have  been  deprived  of  their  right  to  be  carried  to  and  from 
128th  Street  on  the  payment  of  one  fare,  and  are  now  compelled  to  pay  an  extra  fare,  or  ten  cents  in  all, 
for  a  continuous  ride  to  or  from  128th  Street,  and  no  opportunity  is  provided  by  buying  a  book  of  100 
tickets  for  $5.00  or  any  other  way,  to  carry  out  the  agreement  of  the  said  Union  Railway  Company  to  carry 
the  residents  of  said  Village  of  South  Mount  Vernon  or  Wakefield  to  and  from  128th  Street  for  five  cents 
for  one  continuous  ride. 

WHEREFORE :  Your  petitioner  prays  that  an  order  of  your  Commission  be  issued  directed  to  the 
Union  Railway  Company  requiring  said  company  to  restore  its  service  and  the  operation  of  its  cars  and  a 
through  route  from  isth  Avenue  or  229th  Street  to  Demilt  Avenue  or  242nd  Street  in  the  late  Village  of 
Wakefield  (formerly  South  Mount  Vernon),  and  the  rate  of  fare  heretofore  maintained,  together  with  all 
other  conditions  required  by  its  franchise  as  therein  set  forth. 

And  such  other  and  further  relief  as  to  your  honorable  Commission  may  seem  just  and  equitable. 

Dated,  October  9th,  1908. 

(Signed)     JOHN  CLAREY 

By  EUGENE  ARCHER, 
Attorney  for  Petitioner, 
No.  4389  Richardson  Ave.,  Bronx, 

New  York  City. 

After  the  hearings  in  the  foregoing  matter,  Commissioner  Eustis,  who  presided,  said: 
"On   the   statement  of   the   counsel    for   the   complainant    that    the    matters    complained    of    have    been 
satisfied,  the  proceeding  is  discontinued." 

Travis  H.  Whitney,  Esq.,  New  York,  October  14,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  St.,  City. 
Dear  Sir: 

I  have  yours  of  the  12th  enclosing  the  complaint  of  Mr.  John  Clarey.  In  reply  thereto  I 
have  to  say  that,  so  far  in  as  this  complaint  relates  to  the  discontinuance  of  the  service  therein 
mentioned,  by  me  as  Receiver  of  the  Union  Railway,  it  is  substantially  true,  and,  in  respect  there- 
to, I  have  to  say : 

First. — That  service  was  discontinued  by  me  in  accordance  with  the  authority  and  order  of 
the  United  States  Circuit  Court  made  upon  a  petition  presented  by  me  to  the  Court  on  the  15th 
day  of  May,  1908,  a  copy  of  which  I  hand  you  herewith,  and  marked  "A."  Upon  such  petition 
a  hearing  was  held  before  the  Court,  as  stated  in  its  order  dated  June  15th,  copy  of  which  I  also 
enclose  to  you  herewith,  marked  "B,"  and  in  accordance  with  the  opinion  dated  the  same  day, 
which  I  also  herewith  enclose,  marked  "C." 

Second. — I  am  informed  that  sundry  property  holders  residing  in  or  near  Mount  Vernon 
have  also  raised  all  of  the  questions  raised  by  Mr.  Clarey,  in  a  petition  to  the  Supreme  Court  of 
the  State  of  New  York,  upon  which,  after  a  full  hearing,  an  opinion  has  been  rendered  by  Mr. 
Justice  Tompkins,  a  copy  of  which  I  also  enclose  herewith  marked  "D," 

Third. — I  am  informed  that  sundry  property  holders  and  citizens  of  the  village  of  South 
Mount  Vernon  have  made  one  or  more  applications  to  the  United  States  Court,  setting  forth  all 

195 


the  matters  contained  in  Mr.  Clarey's  petition  and  asking  for  relief  therefrom.    A  copy  of  one  of 
these  petitions,  which  has  been  served  upon  me  I  annex  hereto,  marked  "G." 

Fourth. — That  in  pursuance  of  the  directions  of  the  United  States  Circuit  Court,  contained 
in  order  and  Opinion  above  referred  to,  I  entered  into  negotiations  with  the  Receiver  of  the 
Westchester  Railroad  for  the  continuance  of  the  existing  service,  or  so  much  thereof  as  was 
practicable,  and  continued  such  negotiations  with  the  assistance  of  numerous  delegations  of  citi- 
zens during  nearly  the  whole  period  from  the  15th  of  June  down  to  the  5th  of  October.  The 
result  of  such  negotiations  was  that  the  Receiver  of  the  Westchester  Railroad  and  myself  made 
one  or  two  agreements  in  resp^ect  to  what  should  and  ought  to  be  done,  but  such  agreements 
upon  my  part  were  necessarily  conditioned  upon  being  made  in  such  form  that  no  other  demands 
could  be  made  upon  the  Union  than  therein  specified,  and  I  am  informed  that  the  sole  reason  for 
the  failure  of  these  negotiations  was  the  refusal  of  the  City  of  Mount  Vernon  to  take  the  nec- 
essary action  to  enable  Mr.  Young  to  carry  out  the  understandings  theretofore  held. 

Under  these  circumstances  and  especially  as  the  very  matters  herein  complained  of  are  now 
under  advisement  by  Mr.  Justice  Lacombe,  I  respectfully  submit  that  your  Commission  should  dis- 
miss Mr.  Clarey's  petition,  and  I  am. 

Yours  very  truly, 

Enclosures.  Receiver. 

I  enclose  copy  of  my  final  letter  to  Mr.  Young,  marked  "I." 


Eugene  Archer,  Esq.,  New  York,  October  15th,  1908. 

4389  Richardson  Avenue, 

Bronx,  N.  Y. 
Dear  Sir: 

I  have  received  from  the  Public  Service  Commission  copy  of  the  complaint  of  John  Clark, 

filed  by  you,  in  respect  to  the  discontinuance  of  the  service  between  229th  and  242nd  Streets  on 

the  White  Plains  Road.    I  send  you  a  copy  of  my  reply  thereto.     I  must  ask  you  to  excuse  me 

for  not  sending  the  exhibits,  as  they  are  voluminous,  and  because  I  assume  that  if  a  Hearing 

be  requested  by  you,  it  will  be  necessary  to  have  the  whole  record  printed. 

Yours  truly, 

Enclosure :  Receiver. 


October   19th,   1908. 
Frederick  W.  Whitridge,  Esq., 

Receiver  for  the  Dry  Dock,  East  Broadway  &  Battery  R.  R.  Co.,  65th  Street  and  Third  Avenue,  City. 

Dear  Sir: 

In  your  letter  of  April  6th  referring  to  "Order  for  Hearing,  Order  No.  397"  you  stated  relative  to  the 
operation  of  cars  on  Williamsburg  Bridge,  that  the  question  of  the  rights  of  the  Dry  Dock,  East  Broad- 
way &  Battery  R.  R  Co.  under  the  original  contract  made  between  the  City  and  the  New  York  City  Rail- 
way Co.  was  in  the  process  of  submission  to  the  United  States  Circuit  Court.  Will  you  kindly  inform  us 
as  to  the  status  of  this  matter  at  the  present  time? 

196 


If  as  receiver  for  the  Dry  Dock  Company  you  have  entered  into  new  agreements  relative  to  operation 
on  the  Williamsburg  Bridge,  or  have  received  the  formal  consent  of  the  Bridge  Commissioner  or  the  New 
York  City  Railway  Co.  under  the  original  contract  of  May  21,  1904,  copies  of  the  papers  should  be  filed 
with   this    Commission.  Yours   very   truly, 

TRAVIS  H.  WHITNEY, 
DFW/LMB  Secretary. 

New  York,   October  20,    1908. 
Mr.  Travis  H.  Whitney, 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  19th.  The  controversy  between  myself  and  the  Metropolitan  Receivers 
of  my  right  to  use  the  Bridge  under  the  contract  made  between  the  City  and  the  New  York 
City  Railway,  was  disposed  of  through  the  intervention  of  Judge  Lacombe. 

The  present  status  is  that  the  Dry  Dock  cars  are  running  over  the  Bridge  as  they  have 
always  done,  as  the  lessees  of  the  right  so  to  do  from  the  New  York  City  Railway,  and  I  have 
entered  into  no  new  arrangement  in  respect  to  the  matter  at  all.  I  declined  to  pay  the  rent 
demanded  by  the  Metropolitan  Receivers,  and  they  finally  accepted  the  rental  which  I  was  pre- 
pared to  pay. 

Yours  truly, 

Receiver. 

New  York,   October  21,    1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir : 

Referring  to  Order  of  the  Public  Service  Commission  No.  708,  and  to  Tariff  Circular  No. 
I  issued  thereunder,  I  have  to  say  that  the  routes  operated  by  me  as  Receiver  of  the  Third 
Avenue  Railway,  42nd  St.,  Manhattanville  &  St.  Nicholas  Avenue  Railway  and  the  Dry  Dock, 
East  Broadway  &  Battery  Railroad  are  shown  upon  the  map  herewith  filed.  Description  of 
the  routes  shown  thereon  is  annexed  hereto  and  marked  "A." 

A  single  fare  of  five  cents  covers  the  entire  territory  shown  upon  this  map ;  that  is — upon 
the  payment  of  a  single  fare,  a  passenger  can  be  transported  on  a  continuous  route  from  any 
point  on  any  of  the  said  lines  to  any  other  point  on  any  of  the  said  lines,  provided  the  direc- 
tion of  travel  is  not  at  any  time  reversed.  There  is  no  joint  tariff,  or  contract,  or  arrangement 
for  any  joint  fare  or  rate  between  these  roads  or  between  them  and  any  other  street  railroad. 

Transfers  are  issued  at  all  points  of  contact  between  these  three  roads,  and  in  addition 
thereto,  and  in  compliance  with  the  Laws  of  the  State,  transfers  are  issued  at  certain  points 
where  either  of  these  roads  uses  the  track  owned  by  the  Metropolitan  Railway,  without  a  fran- 
chise, for  more  than  one  thousand  feet  or  vice  versa.     These  transfers^  by  operation  of  the 

197 


State  Law,  give  to  their  holder  upon  the  car  which  he  boards  the  same  rights  and  privileges 
which  he  would  have  had  he  paid  to  the  conductor  on  that  car  a  five  cent  fare  for  his  passage. 
The  following  are  the  instances  in  which  there  is  a  common  use  of  track  such  as  above 
referred  to,  between  the  roads  under  my  jurisdiction  and  the  roads  operated  by  the  Metro- 
politan Receivers : 

I.  The  transfer  points  on  the  Dry  Dock,  per  list  annexed  hereto. 

II.  The  transfer  points  on  the  42nd  Street  Road,  per  list  annexed  hereto. 

There  are  no  transfer  points  on  the  Third  Avenue. 

Yours  truly, 

Enclosures :  Receiver. 


"A." 

TRANSFER   POINTS   BETWEEN   METROPOLITAN  LINES  AND  DRY  DOCK,  EAST  BROADWAY 

&  BATTERY  R.  R.  COMPANY. 

BOWERY   AND    GRAND    STREET. 

East  and  West  bound  Grand  Street  cars  will  transfer  to  North  Bound  Fourth  and  Madison  Avenue 
cars. 

GRAND  AND  CENTER  STREETS. 

East  and  West  bound  Grand  Street  cars  will  transfer  to  south  bound  Fourth  and  Madison  Avenue 
cars. 

North  and  South  bound  Fourth  and  Madison  Avenue  cars  will  transfer  to  East  and  West  bound 
Grand   Street  cars. 

DELANCEY  AND  ESSEX  STREETS. 

Elast  and  West  bound  Metropolitan  Crosstown  cars  will  transfer  to  South  bound  Avenue  B  cars 
South  bound  Avenue  B  cars  will  transfer  to  East   and   West   bound   Metropolitan   Crosstown   cars. 

DELANCEY  AND  CLINTON  STREETS. 

East  and  West  bound  Metropolitan  Crosstown  cars  will  transfer  to  South  bound  Avenue  B  cars. 
North  bound  Avenue  B  cars  will  transfer  to  East   and   West   bound    Metropolitan   Crosstown   cars. 

CANAL   AND  CHURCH    STREETS. 

East  bound  Canal  Street  and  Grand  Street  Ferry  cars  will  transfer  to  West  bound  Canal  Street 
Crosstown  cars. 

CENTER    AND    WALKER    STREETS. 

West  bound  Canal  Street  and  Grand  Street  Ferry  cars  will  transfer  to  West  bound  Canal  Street 
Crosstown  cars. 

CENTER  AND  CANAL  STREETS. 

East  Bound  Canal  Street  Crosstown  cars  will  transfer  to  East  bound  Canal  Street  and  Grand  Street 
Ferry  cars. 

STANTON  AND  CLINTON   STREETS. 

North  bound  Avenue  B   cars  will  transfer  to  North  bound  Avenue   C  cars. 
North  bound   Avenue   C   cars   will  transfer  to  North   bound   Avenue   B   cars. 

THIRD   STREET  AND  AVENUE  B. 

South  and  West  bound  Avenue  C  cars  will  transfer   to   South  bound   Avenue   B   cars. 
North  bound   Avenue   B   cars   will   transfer   to   South  Bound   Avenue  C  cars. 

198 


TRANSFER   POINTS   BETWEEN   METROPOLITAN  LINES  AND  42ND  STREET,  MANHATTAN- 

VILLE  &  ST.  NICHOLAS  AVENUE  RY.  CO. 

At   65th    Street   and   Broadway. 

South    bound    Broadway    Branch    cars    transfer    to    south    bound    Sixth    and    Amsterdam    Avenue    cars, 
and   south   bound   Broadway  and  Amsterdam  Avenue  cars. 
At  65th  Street  and  Broadway. 

South   bound    Sixth   and   Amsterdam   Avenue   cars  and  south  bound  Broadway  and  Amsterdam  Avenue 
cars  transfer   to   south   bound   Broadway   Branch   cars. 
At    72nd    Street   and    Broadway. 

North    bound    Broadway    Branch    cars    transfer    to    north    bound    Sixth    and    Amsterdam    Avenue    cars 
and  north  bound   Broadway  and  Amsterdam   Avenue  cars. 
At    72nd    Street    and    Broadway. 

North  bound  Sixth  and  Amsterdam  Avenue  cars  and  north  bound  Broadway  and  Amsterdam  Avenue 
cars   transfer   to   north   bound   Broadway   Branch   cars. 

New   York,   October  21,    1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

The  routes  operated  by  me  as  Receiver  of  the  Union  Railway  are  shown  upon  the  map 
herewith  filed,  and  a  description  thereof  is  annexed  hereto.  A  single  fare  of  five  cents  covers 
this  entire  territory;  that  is — for  the  payment  of  a  single  five-cent  fare  a  passenger  can  be 
transported  on  a  continuous  route  from  any  point  on  said  line  to  any  other  point  on  same, 
provided  the  direction  is  not  at  any  time  reversed.  That  is  to  say,  having  once  moved  north 
he  may  not  on  the  same  trip  move  south,  or  having  once  moved  east  he  may  not  thereafter 
move  west.  There  is  no  tariflf  or  arrangement  for  any  joint  rate  or  fare  between  this  road 
and  any  other  road. 

In  compliance  with  the  Laws  of  the   State,  transfers  are  issued  at  all  points  wherever  the 

lines  intersect  or  connect. 

Yours  truly, 
Enclosures :  Receiver. 


New  York,  November  2nd,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 
My  dear  Sir : 

Following  my  previous  communications  in  respect  to  the  repairs  of  cars,  I  beg  to  report 
that  the  Third  Avenue  Railroad  now  has  261  double  truck  closed  electric  cars,  of  which 
75  are  new  this  Summer,  and  the  remainder  have  been  thoroughly  overhauled  and  repaired,  and 
100  single  truck  cars  similarly  overhauled  and  repaired,  making  a  total  of  361  cars  in  the 
service  of  the  Third  Avenue,  42nd  Street  and  the  Dry  Dock  electric  lines. 

The  150  new  P.A.Y.E.  cars  have  been  ordered  and  the  first  installment  has  arrived.  I 
hope  to  be  able  to  put  more  than  half  of  these  in  service  this  month.    The  remainder  of  the  cars 

199 


belonging  to  the  Third  Avenue  Railroad,  consisting  of  i8  old  four  motor  St.  Louis  cars  which 
are  23  years  of  age  and  a  number  of  single  truck  cars,  we  are  either  scraping  or  selling,  as  we 
find  it  would  cost  more  to  repair  them  than  they  are  worth. 

In  respect  to  the  Union  Railway,  we  have  117  double  truck  cars  and  83  single  truck  cars, 
all  of  which  have  been  completely  overhauled  and  are  now  in  service.  The  remainder  of  the 
cars  belonging  to  this  System  are  worn  out,  inadequate  in  size,  and  would  cost  more  to  repair 
than  they  are  worth,  and  they  are  to  be  sold  or  scraped  as  soon  as  possible.  A  few  of  them 
will  continue  in  service  on  the  Bronx  Line  until  after  the  Third  Avenue  gets  its  equipment 
of  P.A.Y.E.  cars,  when  100  double  truck  newly  repaired  electric  cars  will  be  transferred  to  the 
Union.  This  will  materially  enlarge  the  seating  capacity  of  both  systems,  and  I  hope  will  meet 
with  your  approval,  as  it  already  has  done  with  the  approval  of  the  public. 

Yours  truly. 

Receiver. 


New  York,  November  3,   1908. 
Frederick   W.   Whitridge,   Esq.,   Receiver, 

Third   Avenue    Railroad    Company, 

42nd   St.,   Manhattanville   &   St.    Nicholas   Ave.   R  R.  Co., 

Dry  Dock,  East  Broadway  &  Battery  Railroad  Co., 

6sth  Street  and  Third  Avenue,  New  York  City. 

Dear  Sir: —  ~  ~ 

This  Commission  on  June  12,  1908,  adopted  a  resolution  determining  upon  the  valuation  of  all  of  the 
property,  tangible  and  intangible,  of  all  the  street  railroads  in  the  Boroughs  of  Manhattan  and  the  Bronx, 
and  thereafter  asked  such  companies  to  file  an  inventory  of  all  of  their  property  as  of  June  30,  1908. 

The  appraisal  department  of  the  Commission  has  since  that  time  been  at  work  upon  the  valuation  of 
the  properties  of  various  companies  within  the  present  Metropolitan  System  as  well  as  of  the  Central  Park, 
North  &  East  River  Railroad  Company.  This  work  has  now  reached  such  a  point  that  the  department  can 
take   up   the   matter  of  property  on  the  lines  of  which   you   have   charge. 

I  have  accordingly  been  directed  by  the  Commission  to  ask  that  you  furnish  an  inventory  of  the 
property   of  the   above   named   companies. 

Very    truly   yours, 

TRAVIS   H.   WHITNEY, 
THW/EH  Secretary. 


New  York,  November  5.   1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  3rd  referring  to  the  resolution  about  the  valuation  of  the  properties 
of  the  street  railways.  I  thought,  so  far  as  these  railroads  were  concerned,  that  matter  was 
disposed  of  last  June.  I  respectfully  refer  you  to  my  letter  in  reply  to  your  resolution  of 
June  1 2th,  and  I  beg  that  you  will  call  your  Chairman's  attention  to  my  conversation  with  him 
thereafter.  Why  there  should  be  any  valuation  of  the  Third  Avenue  properties  at  the  present 
time,  I  do  not  understand.     We  are  paying  no  interest,    no    dividends,    no    rentals,    and    are 

200 


trying  to  get  the  property  in  shape  for  reorganization,  and  I  thought  that  the  Chairman  per- 
fectly agreed  with  me  that  any  kind  of  a  Governmental  price  tag  on  the  property  before  the 
reorganization,  was  likely  to  be  most  embarrassing,  and  might  result — in  view  of  the  enormous 
losses  the  bondholders  have  got  to  face — in  preventing  our  getting  capital,  which  is  absolutely 
necessary  for  the  Company  to  have.  You  will  understand  that,  personally,  I  care  nothing 
about  the  matter,  but  it  does  seem  to  me  to  be  perfectly  obvious  that,  in  the  case  of  the  Third 
Avenue  properties,  any  such  valuation  is  now  wholly  unnecessary,  and  may  be  most  detrimental. 

Yours  truly. 

Receiver. 


,  November  6,  1908. 

My  dear  Mr.  Whitridge: 

Your  letter  of  November  5th  to  Mr.  Whitney,  Secretary  of  the  Commission  in  answer  to  his  letter  of 
the  3rd,  has  been  referred  to  me.  I  note  that  you  ask  the  Secretary  to  call  my  attention  to  conversation 
had  with  me  after  July  12th  in  relation  to  the  resolution  of  this  Commission  passed  on  that  date. 

I  remember  distinctly  our  meeting  and  the  pleasant  interview  which  we  had  and  several  of  the  mat- 
ters we  discussed.  The  question  of  appraisement  was  gone  over  quite  fully  and  you  expressed  your  views 
on  the  matter  as  well,  and  in  the  general  discussion  I  presume  that  there  were  some  considerations  upon 
which  we  both  agreed.  I  stated,  however,  that  the  Commission  had  decided  to  make  an  appraisement  of 
the  traction  properties  on  Manhattan  Island  including  the  tangible  and  intangible  assets  of  those  companies. 
I  said  to  you  that  it  would  take  some  time  to  do  this  and  that  the  object  of  the  resolution  was  to  obtain 
from  the  companies  an  inventory  of  their  assets,  in  order  to  assist  us  in  our  work. 

As  this  was  near  the  beginning  of  the  summer,  I  said  to  you  that  as  we  had  mapped  out  the  work, 
I  was  sure  we  would  not  need  to  take  up  any  of  the  properties  under  your  charge  before  autumn,  and 
that  there  was  no  particular  haste  in  obtaining  the  lists  of  assets  of  your  companies.  You  urged  upon 
me  your  reasons  for  not  agreeing  with  the  Commission  in  having  this  work  done,  but  I  told  you  that 
I  had  no  power  to  change  the  determination  of  the  Commission,  nor  did  I  think  the  Commission  would 
change  its  purpose  in  regard  to  this  work. 

The  Receivers  of  the  Metropolitan  system  have  furnished  us  inventories  of  various  properties  from 
time  to  time,  and  this  has  facilitated  the  work  of  our  experts  very  much,  and  we  are  now  ready  to  go  on 
with  other  lines,  and  I  should  be  glad  if  you  could  furnish  us  at  as  early  a  date  as  possible,  an  inven- 
tory of  the  properties  under  your  control.  Mr.  Bion  J.  Arnold  of  Chicago,  under  whose  direction  this  appraise- 
ment is  being  made,  will  be  here  on  Monday,  and  I  think  it  would  be  advisable,  if  agreeable  to  you,  that  he 
should  have  an  interview  with  you  on  this  matter.  If  this  is  agreeable  to  you,  I  shall  be  glad  to  arrange 
for  such  an   interview. 

Yours  very  truly. 

To  W.    R.    WILLCOX. 

F.  W.  Whitridge,   Esq., 

6sth    Street   &   Third   Avenue, 

New  York  City,  N.  Y. 


William  R.  Willcox,  Esq.,  New  York,  November  9,   1908. 

Chairman,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Mr.  Willcox : 

I  have  yours  of  the  6th  and  am  much  obliged  to  you  for  taking  the  trouble  to  write  it.  I 
am  disappointed  that  the  Commissioin  is  unable  to  change  its  mind  about  making  a  valuation 
of  this  property.     I  hoped  that,  in  any  case,  they  would  be  able  to  tell  me  what  they  wanted 


to  do  it  for.  My  views  about  the  matter  being  what  they  are,  I  am  unwilHng  to  do  anything 
which  would  seem  to  countenance  the  operation  to  which  you  propose  to  subject  this  property. 
I  do  not,  therefore,  care  to  meet  Mr.  Arnold,  officially,  though  I  should  be  happy  to  meet  any 
friend  of  yours  in  any  other  way,  and  I  shall  be  very  much  obliged  if,  in  respect  to  inven- 
tories or  whatever  else  you  want,  the  Commission  would  make  an  order  directing  me  specifically 
to  furnish  what  they  desire,  and  I  will  then,  as  always,  endeavor  to  comply  with  it. 

Yours  truly,  i 

Receiver. 


Frederick    W.    Whitridge,    Esq.,  New  York,  November  ii,  1908. 

Receiver,  Third  Avenue  R.  R.  Co., 
65th   Street  &  Third  Avenue, 
New  York  City. 
Dear   Sir : 

I  beg  to  call  your  attention  to  the  fact  that  Order  No.  i  of  the  Commission,  which  requires  each 
operating  railroad  company  to  furnish  a  classified  monthly  statement  covering  the  accidents  for  each  month, 
has  not  been  complied  with  by  the  Third  Avenue  R.  R.  Co.,  the  Dry  Dock,  East  Broadway  and  Battery 
R    R.   Co.  and  the  42nd  Street,   Manhattanville  and  St.   Nicholas  Avenue  R.   R.   Co. 

Please  give  this  matter  immediate  attention  in  order  that  the  required  reports  may  be  received  at 
the  earliest   possible   moment. 

Yours  very  truly, 

GFD/CWT  ^  TRAVIS  R  WHITNEY, 

Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  November  12,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir : 

I  have  yours  of  the  nth  calling  my  attention   to   failure   to   comply   with   Order   No.    i, 
which   I  have  directed   shall  be   attended   to  at  once. 

Yours  truly. 

Receiver. 


Travis  H.   Whitney,  Esq.,  November   12,    1908. 

Secretary,   Public   Service  Commission, 
154  Nassau   St.,  N.   Y.   City. 
Dear  Sir: 

Your  letter  of  November  nth  to  Frederick  W.  Whitridge,  as  Receiver  of  the  Third  Avenue  Railroad 
Co.,  has  been  referred  to  me  for  answer.  In  reply  I  will  say  that  we  have  furnished  in  the  past  a 
classified  monthly  statement  of  the  accidents  for  each  month,  except  the  month  of  October,  1908.  The 
reason  that  we  have  not  forwarded  our  report  for  October  is  that  our  clerk,  who  compiles  that  report, 
has   been    ill   for    about   two   weeks,   and   was   unable  to  make  out  the  report. 

We  have,  however,  prepared  our  report  and  will  forward  it  to  you  in  a  day  or  so. 

Trusting   this    is    satisfactory,    I    beg   to    remain. 

Yours  truly, 

J.   M.   O'NEILL, 
J.O'N./K.  Assistant  Attorney. 

202 


New  York,  November  nth,  1908. 
Mr.  F.  W.  Whitridge, 

Receiver,  3rd  Ave.  R.  R    Co., 

65th    St.    &    3rd    Ave.,    City. 
Dear  Sir: 

The  appreciation  of  this  office  is  extended  to  you  for  the  assistance  rendered  by  your  Company  through 
its  Suprintendent  Mr.  Roosevelt,  during  the  count  of  passenger  travel  to  and  from  Brooklyn,  ov€r  the 
Williamsburg  Bridge,  on  Thursday,  November  sth,  '08,  conducted  by  the  Department  of  Bridges  and  Public 
Service  Commission  in  co-operation. 

We  will  be  pleased  to  furnish  you  with  a  copy  of  the  results  of  the  count  as   soon   as  the   data  has 

been  compiled. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
D.L.T.  Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  November  12,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  nth  conveying  to  me  the  appreciation  of  your  office,  of  the  assistance 
rendered  to  it  by  my  superintendent,  Mr.  Roosevelt,  during  the  recent  count  of  the  Brooklyn 
passengers  over  the  Williamsburg  Bridge. 

This  is  particularly  grateful  and  surprising  as  the  first  instance,  during  the  time  that  I 
have  been  Receiver  of  this  property,  that  I  have  ever  received  from  the  Commission  any  state- 
ment which  would  indicate  that  they  supposed  I  was  anything  but  a  stupid,  law-breaking, 
slovenly,  disagreeable  person,  who  was  endeavoring  to  conduct  the  business  of  these  corporations, 
so  as  to  displease  the  people.  It  has  possibly  not  occurred  to  you  that  that  was  the  sense  of 
the  sum  of  your  communications.  I  believe  it  to  be  not  inaccurate,  and  while  I  hope  I  have  been 
appropriately  perturbed  by  them,  the  "appreciation"  contained  in  your  letter  of  November  12th 

is  particularly  agreeable. 

Yours  truly. 

Receiver. 


Travis  H.  Whitney,  Esq.,  New  York,  November  12,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 

My  dear  Sir: 

As  you  are  aware,  I  am  in  process  of  getting  certain  franchises  from  the  City  and  I  un- 
derstand that  they  are  to  be  submitted  to  the  Public  Service  Commission.  It  seems  an  endless 
amount  of  form  has  to  be  gone  through  with  before  these  franchises  can  be  considered  to  be 
granted,  but  I  now  have  the  forms,  which  the  Engineer  in  charge  says  have  been  approved  as 
to  form  by  the  Corporation  Counsel,  and  they  are  on  the  calendar  for  November  13th,  They 
will  thereafter  be  placed  upon  the  minutes  of  the   Board   for  a  period  of  thirty  days  and  on 

203 


December  i8th  there  will  be  a  final  hearing,  and  during  the  interval  between  now  and  then  the 

contract  is  to  be  advertised  in  two  newspapers.    The  contract,  as  finally  settled,  is  satisfactory 

to  me,  and  I  write  to  ask  whether  the  Commission  thinks  it  desirable  to  see  it  before  the  final 

action  is  taken  by  the  Board  of  Estimate,  or  not  until  after  the  franchise  and  contract  are  ready 

to  be  issued  and  accepted  by  the  Railroad  Company.     Perhaps  you   will  give   me  your  views 

on  this  point,  and  believe  me. 

Yours  very  truly. 

Receiver. 

STATE  OF   NEW   YORK  New  York,  November  13th,  1908. 

PUBLIC  SERVICE  COMMISSION 

Frederick  W.  Whitridge,  Esq., 

Receiver,    Third    Avenue    R.    R.    Co., 
65th    Street  &  3rd  Avenue, 
New  York  City. 
Dear   Sir: — 

In  reply  to  your  communication  of  November  12th  with  reference  to  certain  franchises  for  which 
you  made  application  to  the  Board  of  Estimate,  and  in  which  you  asked  as  to  the  procedure  before 
this  Commission  with  reference  to  the  provisions  of  Section  53  of  the  PubHc  Service  Commissions  Law, 
I  have  to  state  that  the  Commission  prefers  to  have  the  application  to  it,  for  approval  under  that  Sec- 
tion, made  after  franchise  is  obtained  from  the  City. 

Yours   very  truly, 

(Signed)     TRAVIS  H.  WHITNEY 

N. 
THW/GML  Secretary. 


R.    Martin,    Sec,  New  York,  November  14,  1908. 

Kingsbridge  Ry.   Co., 
204  East  128th  St.. 

New   York,   N.   Y 
Dear  Sir: 

By  direction  of  the  Commission  I  have  to  ask  that  you  inform  this  office  of  your  rules  now  in 
force  as  to  the  heating  of  cars,  and  also  of  your  method  of  supervision  to  secure  observation  of  such 
rules  by  your  employees. 

Please  reply  hereto  by  November  19,  1908. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY 
THW/EAR  N. 

Secretary. 

Travis  H.   Whitney,  Esq.,  New   York,   November   16,    1908. 

Secretary,   Public   Service  Commission, 
154  Nassau   Street,  City. 

Dear   Sir: 

Your  favor  of  the  14th  addressed  to  Mr.  R.  Martin,  secretary  of  the  Kingsbridge  Railway  Company, 
has  been  referred  to  me.  The  Kingsbridge  Railway  was  leased  to  and  is  operated  by  the  Receiver  of  the 
Third  Avenue  Railroad.  The  Kingsbridge  Railway  Company  operates  no  cars.  The  information  you  ask 
for  will  be  furnished,  I  presume,  in  the  reports  of  the  Receiver  of  the  Third  Avenue  Railroad. 

Yours  truly, 

KINGSBRIDGE  RAILWAY  COMPANY, 

President. 
204 


New  York,   November   14,   1908. 
Frederick    W.    Whitridge,    Receiver, 
Third    Avenue    Railroad    Co., 

65th   Street  &  Third  Ave.,   City. 

Dear  Sir: 

By  direction  of  the  Commission  I  have  to  ask  that  you  inform  this  office  of  your  rules  now  in 
force  as  to  the  heating  of  cars,  and  also  of  your  method  of  supervision  to  secure  observation  of  such 
rules   by   your    employees. 

Please  reply  hereto  by  November  19,  1908. 

Very  truly  yours, 

TRAVIS   H.   WHITNEY, 
N. 
THW/EAR  Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  November  18,   1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

Referring  to  yours  of  the  14th  in  respect  to  the  rules  in  force  on  this  System  as  to  the  heat- 
ing of  cars,  I  beg  to  say  that  the  heating  of  cars  of  this  Company  is  under  the  sole  control  of  the 
superintendents  of  each  Division,  and  is  regulated  by  this  office  as  follows : 

There  are  in  the  car  barn  one  or  more  thermometers  under  the  observation  of  the  day  starter 
and  the  night  foreman.  The  rules  provide  that  when  the  thermometer  is  between  35  and  40 
degrees,  the  front  gates  and  doors  of  the  cars  are  kept  closed.  When  it  registers  from  30  to 
35  degrees,  half  the  heating  capacity  is  turned  on,  and  when  it  registers  below  30  degrees,  the 
heaters  are  turned  on  to  their  full  capacity.  The  temperature  is  forwarded  from  the  main  office 
to  the  offices  of  the  Division  superintendents,  and  in  their  absence,  the  heat  is  regulated  in  ac- 
cordance with  these  instructions  by  the  assistants  and  starters,  who  are  authorized  to  carry 
out  the  instructions.  All  control  of  the  matter  has  been  withdrawn  from  the  conductors  as  it  has 
been  found  better  to  place  it  in  the  control  of  the  inspectors  and  starters.     Two  ventilators  in 

the  car  are  kept  open  at  all  times. 

Yours  truly. 

Receiver. 


R.  W.  Kelley,  Esq.,  Prest,  New  York,  November  17th,  1908. 

Kingsbridge  Railway  Co., 

65th  Street  &  Third  Ave., 
New  York  City,  N.   Y. 
Dear  Sir: 

Responding  to  your  letter  of  the  i6th  inst.,  st  iting  that  the  Kingsbridge  Railway  Co.  operates  no 
cars,  I  beg  to  call  your  attention  to  the  fact  that  one  of  the  employees  of  this  Commission  riding  south 
on  a  car  of  the  Kingsbridge  line  on  Monday,  September  7,  received  a  transfer  No.  104350,  inscribed 
"Kingsbridge  Railway  Co. — South."  If  this  Company  is  operating  no  cars  we  cannot  understand  why 
it  should  issue  transfers.     Will  you  please  explain  this  matter  to  us? 

Yours  very  truly, 

TRAVIS   H.  WHITNEY, 
DFW/LMB  Secretary. 

205 


New  York,  November  i8th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  (Jity. 

Dear  Sir: 

I  have  your  letter  of  the  17th  instant  in  regard  to  "Transfer  #104350,"  inscribed  "Kingsbridge 
Railway  Co. — South."  To  aid  your  understanding  I  will  say  that  this  is  an  oversight  in  the  wording 
of  the  transfer. 

The  General  Manager  for  the  Receiver  of  the  Third  Avenue  Railroad  Company  has  promised  to 
have  it  corrected  in  the  transfers  now  being  printed. 

This  is  a  matter  of  such  great  importance,  that  I  want  to  congratulate  the  Public  Service  Com- 
mission for  the  diligence  of  their  employee  in  discovering  the  error  and  to  thank  the  Commission  for 

calling  it  to  my  attention. 

Yours  very  truly, 

KINGSBRIDGE  RAILWAY  COMPANY, 

President. 


F.  W.  Whitridge,  Esq.,  New  York,  November  19,   1908. 

Receiver,  3rd  Ave.  RR.  Co., 
65th  Street  &  Third  Ave., 
New   York  City. 
Dear  Sir: 

In  your  letter  of  November  6th  replying  to  my  letter  of  November  5th  regarding  the  complaint  of 
H.  G.  Mendenhall,  which  includes  the  complaint  that  at  Third  Avenue  and  42nd  Street  a  car  did  not 
stop  until  it  reached  the  west  side  of  Third  Avenue,  you  answer  "I  beg  to  say  that  that  is  where  it 
should  have  stopped,  and  it  should  not  have  stopped  anywhere  else.  Practically  everybody  that  uses 
the   line   knows   it." 

It  has  been  supposed  that  the  standard  rules  covering  the  operation  of  cars  at  the  intersection  of 
lines  requires  that  all  cars  must  make  a  full  stop  before  crossing  the  intersecting  tracks,  and  must  not 
proceed  until  it  is  fully  understood  that  the  right  of  way  is  safe. 

From  the  above  quotation  from  your  letter  it  would  seem  that  this  rule  is  not  one  in  force  on  the 
lines  of  the  Third  Avenue  Railroad  Company;  although  it  is,  of  course,  possible  that  your  remark  ap- 
plies only  to  the  specific  instance,  and  that  in  that  instance  the  flagman  or  traffic  officer  is  relied  upon. 

In  response  to  a  request  made  in  June  last,  you  forwarded  a  copy  of  the  Book  of  Rules  of  the 
New, York  City  Railway  Company,  with  the  statement  that  they  were  in  force  on  the  Third  Avenue 
system.     Rule    16A   in   that   book,   relative   to   crossing   tracks   of   intersecting   lines,   is   substantially  as 

above  stated. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
GFD/DMQ  Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  November  20,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 

My  dear  Sir: 

I  have  yours  of  the  19th  in  respect  to  complaint  of  H.  G.  Mendenhall.  Your  construction 
of  my  previous  letter  is  correct.  The  rules  as  stated  by  you,  and  as  contained  in  the  book,  are 
subject  to  modification  in  the  case  of  the  Third  Avenue  Road,  where  it  has  the  right  of  way 
as  the  oldest  road.  They  depend,  for  the  purpose  of  accelerating  the  speed  o.f  the  Third  Ave- 
nue cars  in  the  public  interest,  on  the  services  of  the  flagman  on  the  wrong  side  of  the  street, 
and  send  the  car  across  without  stopping  wherever  they  can. 

206 


I  should  have  supposed  that  your  Commission  would  have  taken  notice  of  the  fact  that  the 

street  cars  of  this  Town  stop  from  three  to  five  times  as  often   as   the   cars   of  any   service 

abroad  or  in  most  American  cities,  and  that  you  would  desire  to  diminish  the  number  of  those 

stoppages  wherever  you  could. 

Yours  truly, 

Receiver. 


New  York,  November  i8th,  1908. 
Frederick  W.  Whitridge,  Esq.,  Receiver, 

Dry  Dock,  East  Broadway  &  Battery  RR.   Co., 
65th  Street  &  Third  Ave.,  City. 

Dear  Sir: 

We  do  not  find  among  the  documents  of  the  Dry  Dock  Co.  filed  under  the  Order  of  this  Commis- 
sion dated  August  2,  1907,  any  copy  of  outstanding  mortgages  and  certificates  of  indebtedness.  Will  you 
please  file  for  the  records  of  our  Bureau  of  Franchises  at  your  early  convenience  certified  copies  of 
the  following  and  any  other  mortgages  or  notes  now  outstanding: 

1.  Five  per  cent.  Certificates  of  Indebtedness. 
Dated  1884, 

Due    February    i,    1914.    (Authorized    $1,200,000.) 

2.  General  Mortgage  Bonds,  Gold  5's. 
Dated  December  i,  1892. 

Due  December   i,   1932.    (Authorized  $1,000,000.) 

3.  Six   per   cent.    Receiver's   Certificates,   authorized   to  be  issued  by  you  to  the  amount  of  $100,000. 

Yours  very  truly, 
DFW/LMB  TRAVIS  H.  WHITNEY, 

Secretary. 


New  York,  November  20,   1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  i8th  in  respect  to  the  documents  of  the  Dry  Dock  Road  therein  referred 
to.  In  reply  thereto,  I  beg  to  say — First:  I  have  not  got  any  of  the  5%  certificates  of  indebted- 
ness, or  the  form  thereof.  There  is  a  Committee  of  the  holders  of  those  certificates  in  operation, 
and  I  recommend  that  you  apply  to  Henry  M.  Ward,  32  Nassau  Street,  their  counsel.  Second : 
The  General  Mortgage  Bonds  I  have  no  copy  of,  and  do  not  know  where  to  get  them.  I  sug- 
gest that  you  apply  to  the  Trustee  of  that  Mortgage,  which  is  the  Farmers'  Loan  and  Trust 
Company.     Third:  I  send  you  herewith  copy  of  the  form  of  Receiver's  certificate  issued  by  me. 

Yours  truly. 


Enclosure 


Receiver. 


207 


Tribune    Building,    154   Nassau    Street, 
Borough  of  Manhattan,  City  of  New  York. 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

C.  E.  ARNOLD, 

Complainant, 
against 

UNION   RAILWAY  COMPANY  OF  NEW   YORK  CITY,   FREDERICK  wA    ^°n^^^c{!^  ^^^^^ 

WHITRIDGE,  its  Receiver,  '        JNo.  »40. 

Defendants. 
"Failure  to  run  cars  of  the  White  Plains  Avenue  Line  north  to  the  City  Line." 

This  matter  coming  on  upon  the  complaint  of  C.  E.  Arnold,  34  South  loth  Avenue,  Mount  Vernon, 
New  York,  by  which  it  appears  that  said  complainant  is  aggrieved  by  acts  done  or  omitted  to  be  done 
by  the  Union  Railway  Company  of  New  York  City  and  Frederick  W.  Whitridge,  its  Receiver,  said  de- 
fendants, and  set  forth  in  said  complaint,  which  are  claimed  to  be  in  violation  of  some  provision  of  law, 
or  of  the  terms  and  conditions  of  defendant's  franchise,  or  of  an  order  of  this  Commission, 

Now,  upon  the  said  complaint,  it  is 

Ordered,  That  a  copy  of  the  said  complaint  be  forwarded  to  the  said  defendants  and  that  the  mat- 
ters therein  complained  of  be  satisfied  or  the  charges  in  said  complaint  set  forth  be  answered  by  said 
defendants  within  ten  days  after  service  upon  them  of  this   Order,   exclusive  of  the  day  of  service. 


November   2,    1908. 
Public  Service  Commission, 
First  District, 

154  Nassau  Street,  N.  Y.  C. 

Dear  Sirs: 

I  wish  to  enter  a  protest  against  the  methods  of  the  Union  Railway  Company  employed  in  operat- 
ing cars  on  the  White  Plains  Road  north  of  230th  Street. 

By  virtue  of  an  order  of  Justice  Lacombe  amending  a  previous  order  made  by  him  in  reference  to 
transfers  on  this  line,  the  Receiver  of  the  Union  Railway  Company  is  now  obliged"  to  operate  cars, 
under  franchise,  to  the  City  Line,  which  is  about  200  feet  north  of  243rd  Street.  As  a  matter  of  fact, 
passengers  are  carried  only  to  a  point  in  the  neighborhood  of  241st  Street,  which  is  approximately  a 
quarter  of  a  mile  from  the  City  Line.  At  this  point,  namely  241st  Street,  there  is  a  newly  installed 
switch  which  permits  of  the  return  of  cars  upon  the  southbound  track. 

This,  in  my  estimation,  is  a  clear  violation  of  the  order  of  the  City  Court,  and  is  a  denial  of  the 
privilege  to  which  the  public  is  entitled,  which  causes  inconvenience  to  many  thousands  of  passengers 
every  day. 

There  have  been  additional  circumstances,  however,  to  which  I  wish  to  call  attention.  It  has  been 
the  practice  of  the  Company,  on  one  occasion  at  least,  to  operate  cars  to  241st  Street  and  there  ask 
passengers  to  disembark,  while  the  car  is  sent  ahead  of  the  City  Line  without  any  passengers  what- 
ever and  brought  back  on  the  same  track  without  any  passengers,  the  cars  following  being  held  in  the 
meantime  at  241st  Street  awaiting  the  return  of  this  empty  car  to  the  switch  above  mentioned. 

I  am  a  regular  passenger  upon  this  line  of  the  Union  Railway  Company,  and  it  seems  to  me  that 
the  instance  above  mentioned,  which  occurred  this  morning  at  about  half  past  eleven,  would  seem  to  in- 
dicate an  attempt  at  a  purely  technical  compliance  with  the  franchise. 

Yours  very  truly, 

(Signed)     C.  E.  ARNOLD, 
34  S.  loth  Ave., 
I  Mount  Vernon. 

208 


Travis  H.  Whitney,  Esq.,  New  York,  November  21,   1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir: 

I  have  yours  of  the  20th  enclosing  complaint  order  #848  upon  the  complaint  of  Mr.  C.  E. 
Arnold. 

In  reply  thereto  I  have  to  say — and  I  regret  that  the  Law  and  the  procedure  adopted  by 
you  under  it,  compels  me  to  take  the  bother  of  saying  it  and  you  of  asking  me  to  say  it — First: 
that  the  original  order  of  the  United  States  Court  in  respect  to  the  White  Plains  traffic,  ap- 
parently allowed  us  to  stop  at  241st  Street  and  that  the  majority  of  inhabitants  of  that  part  of 
the  World,  as  evidenced  by  their  signatures,  desire  us  to  stop  at  that  point.  Subsequently  the 
Order  was  amended  and  directed  us  to  go  to  242nd  Street,  and  Mr.  Arnold  misstates  the  deci- 
sion of  the  Court  in  saying  that  we  are  obliged  to  go  to  the  City  Line ;  we  are  restrained  from 
going  to  the  City  Line.  On  the  day  that  the  Court  rendered  this  decision,  I  applied  for  a  per- 
mit to  install  the  necessary  special  work  at  242nd  Street,  and,  having  got  the  permit,  ordered 
the  special  work  to  enable  us  when  we  got  there  to  turn  around  and  come  back  again,  a  detail 
of  which  Mr.  Arnold  seems  to  have  ignored  the  necessity.  The  manufacturers  will  not  be  able 
to  deliver  that  special  work  until  21  days  from  this  date.  When  they  deliver  it,  it  will  be  installed. 
Until  they  deliver  it,  nothing  can  be  done. 

Yours  truly. 

Receiver. 


Mr.  C.  E.  Arnold,  New  York,  November  21,  1908. 

34  South  Tenth  Avenue, 
Mount  Vernon,  N.  Y. 
Sir: 

I  enclose  to  you  herewith  copy  of  the  answer  to  your  letter  of  November  2nd  addressed 
to  the  Public  Service  Commission. 

Before  you  make  any  more  complaints  to  the  Public  Service  Commission  or  anybody  else, 
based  upon  judicial  orders,  I  suggest  that  you  find  out  what  the  orders  are. 

Yours  truly. 

Enclosure:  i  Receiver. 


Travis  H.  Whitney,  Esq.,  New  York,  November  30th,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  Dear  Sir: 

I  have  your  several  letters  of  the  28th  addressed  to  me  as  Receiver  of  the  Union  Railway, 
Third  Avenue  Railroad,  42nd   Street,   :Manhattanville  &   St.   Nicholas  Ave.   Railway,  and  the 

209 


Dry  Dock,  East  Broadway  &  Battery  Railroad,  in  respect  to  the  quarterly  report  for  the  three 
months  ending  September  30th.  I  am  very  sorry  there  should  have  been  any  delay  about  this. 
I  have  handed  your  letters  over  to  the  Bureau  for  Replies  to  the  Communications  of  the  Public 
Service  Commission  for  immediate  attention. 

Yours  truly, 

Receiver. 

Frederick  W.  Whitridge,  Esq.,  New  York,  November  30,  1908. 

Receiver,  Third  Avenue  Railroad  Co., 
65th  Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir: 

The  newspapers  on  November  28th  reported  an  accident  at  i6th  Street  and  Third  Avenue  in  which 
a  boy  seven  years  old  was  knocked  down  and  killed  by  car  No.  775  of  the  Third  Avenue  Railroad. 

It  was  found  that  no  report  had  been  received   of   this   accident  and  therefore   a   call   was   made 
at  6.00  P.  M.  from  the  Accident  Bureau  of  this  Commission    requesting   the    particulars. 

Clerk  Meehan  of  your  office  promptly  furnished  the  information  requested  and  stated  that  he  was 
unable  to  say  just  why  the  accident  had  not  been  reported  at  the  time  it  happened. 

This  is  called  to  your  attention  for  the  reason  that  under  much  the  same  circumstances  the  same 
failure  to  report  has  occurred  before. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
GFD/CWT  Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  December  ist,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  St.,  City. 
Dear  Sir: 

I  have  yours  of  the  30th  calling  my  attention  to  the  failure  of  my  Accident  Department 
to  report  the  accident  you  refer  to,  for  which  I  am  much  obliged  to  you. 

If  this  particularly  grewsome  accident  is  the  one  I  think  it  is,  I  can  quite  understand  why 
everybody  concerned  in  the  thing  might  have  had  their  wheels  thrown  out  of  their  perfect 
working   and  gearing  which   we   strive   for,   and  which  your  Commission  alone  has  attained. 

Yours  truly. 

Receiver. 

F.  W.  Whitridge,  Esq.,  Receiver,  New  York,  December  2,  1908. 

Dry  Dock,  East  Broadway  &  Battery  Railroad  Co., 

Forty-second  St.,  Manhattanville  &  St.  Nicholas  Avenue  Railway  Co., 

65th   Street  and  Third  Avenue, 

New  York  City. 

Dear   Sir: 

Your  quarterly  statements  of  earnings  and  expenses  for  the  three  months  ending  September  30, 
1908,  omit  the  figures  for  the  corresponding  period  of  1907.  As  the  books  of  the  Companies  from  which 
those  figures  may  be  obtained  are  in  your  possession,  I  would  request  that  your  reports  be  completed 
in  this  respect. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
AFW  /ARB  Secretary. 

210 


New  York,  December  3rd,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York. 

My  dear  Sir: 

I  have  yours  of  the  2nd.  You  are  misinformed  about  all  the  books  to  which  you  refer 
being  in  my  possession.  The  Third  Avenue  books  are  still  in  the  possession  of  the  Metropol- 
itan Receivers,  and  they  decline  to  surrender  them. 

The  other  books  are  most  of  them  here,  but  my  people  consider  that  it  is  improper  for  me 
to  be  making  reports  about  anything  prior  to  my  Receivership.  I  will,  however,  do  almost  any- 
thing in  the  world  that  the  Public  Service  Commission  wants  which  I  can  do,  and  whtn  my 
accountants,  who  are  temporarily  prostrated  by  their  labors  over  your  forms,  return,  I  will 
try  to  take  the  matter  up  with  them  and  see  what  can  be  done. 

Yours  very  truly, 

Receiver. 

December  9th,  1908. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York. 

Dear  Sir: 

Referring  to  my  letter  of  October  14th,  answering  the  complaint  of  Dr.  N.  A.  Warren, 
the  Mayor  of  Yonkers,  I  beg  to  say  that  since  the  date  of  that  petition,  the  City  of  Yonkers 
has  passed  a  number  of  resolutions  in  respect  to  the  Yonkers  Railway  compliance  with  which 
would  make  it  physically  as  well  as  legally  impossible  to  obey  almost  any  order  that  your  Hon- 
orable Body  might  make  in  the  premises — which  have  caused  the  Receiver  of  that  Railway  to 
ask  the  instructions  of  the  Supreme  Court  of  the  State  of  New  York  in  respect  thereto.  .1 
enclose  herewith  an  opinion  of  Mr.  Morschauser,  giving  such  instructions,  which  I  submit, 
removes  any  doubts  that  may  have  existed  as  to  the  propriety  of  dismissal  of  Mayor  Warren's 

petition. 

Yours  truly, 

F.  W.  WHITRIDGE, 

Enclosure :  i .  Receiver. 

(Copy. — Original  mailed  from  59  Wall  Street.) 

New  York,  December  12,  1908. 
Frederick  W.  Whitridge,  Esq., 
Receiver, 

Third  Avenue  Railroad  Co.. 
6sth  Street  &  Third  Avenue, 
New  York  City. 

Dear  Sir: 

I  transmit  herewith  for  your  information  a  copy  of  a  report  prepared  by  Commissioner  Eustis,  rela- 

211 


tive  to  the  application  of  your  Company  for  the  approval  of  the  Commission  of  an  agreement  entered 
into  between  your  company  and  the  Kingsbridge  Railway  Company. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
DMQ  -  Secretary. 

Enc. 
Case  780 


In  the  Matter 

of  the 

Application   of  the   THIRD   AVENUE  RAILROAD   COMPANY   and   FRED- 
ERICK W.   WHITRIDGE,   Receiver  of  said  Third  Avenue   Railroad   Company,/    Report. 
for  the  approval   of  .the  agreement   entered  into  between   said   Receiver   and   the  j 
Kingsbridge    Railway    Company,    under    Section    54   of   the    Public    Service    Com- 
missions Law. 

Hearing  Order  No.  780. 


This  is  an  application  made  by  the  Receiver  in  behalf  of  the  Third  Avenue  Railroad  Company  for 
the    approval    of    a    certain    agreement    entered    into    between  the   Receiver   and   the   Kingsbridge   Railway 
Company,  dated  the  29th  of  February,  1908. 

The  agreement  provides  for  the  use  of  the  tracks  of  the  Kingsbridge  Railway  Company  by  the 
Receiver  of  the  Third  Avenue  Railroad  Company  on  condition  that  said  Receiver  pays  all  taxes  against 
the  Kingsbridge  Railway  Company,  maintains  the  tracks  in  good  condition,  and  pays  the  Kingsbridge 
Company  five  thousand  dollars  per  annum,  and  reserves  to  the  Kingsbridge  Company  the  right  to  run 
a  limited  number  of  cars,  not  to  exceed  four  daily,  and  that  transfers  shall  be  given  and  received  be- 
tween the  contracting  companies. 

The  facts  that  were  brought  out  upon  the  hearings  held  on  this  application  on  October  i6th  and 
November  6th  show  that  the  Kingsbridge  Railway  was  incorporated  January  2Sth,  1898,  with  an  au- 
thorized capital  of  one  million  dollars.  Of  this  amount  eighty-six  shares  were  subscribed,  and  eighty- 
six  hundred  dollars  paid  into  the  treasury  of  the  Company.  The  exclusive  right  to  subscribe  for  the 
remaining  ninty-nine  hundred  and  fourteen  shares  was  given  to  the  Third  Avenue  Railroad  Company, 
showing  that  the  Kingsbridge  Railway  Company  was  organized  by  the  interests  of  the  old  Third  Ave- 
nue Railroad  Company.  The  right  to  subscribe  or  take  the  balance  of  the  stock  has  never  been  exer- 
cised. 

The  franchise  of  this  company  was  granted  by  the  Municipal  Assembly,  approved  by  the  Mayor 
in  January,  1900.  This  franchise  covered  that  part  of  the  Kingsbridge  road  from  163rd  Street  and  Am- 
sterdam Avenue  to  Broadway,  and  that  part  of  Broadway  from  Manhattan  Street  north  to  230th  Street 
in  the  Bronx,  across  the  Harlem  Ship  Canal  Bridge.  The  franchise  also  covered  a  route  in  the  B-onx 
from  West  230th  Street  and  Riverdale  Avenue  northerly  to  the  Yonkers  City  Line.  The  only  part  of 
the  railroad  that  has  been  built  is  from  Amsterdam  Avenue  at  163rd  Street,  along  Kingsbridge  Road 
to  Broadway  and  169th  Street,  and  up  Broadway  to  and  across  the  bridge  over  the  Harlem  Ship  Canal 
to  225th  Street.  The  Kingsbridge  Railway  Company  never  owned  anything  except  its  franchise  and 
its  tracks.  The  only  parties  interested  in  it  are  the  Receiver  and  the  Third  Avenue  Railroad  Com- 
pany's interests.  And  it  appears  that  when  this  road  was  built  it  was  built  by  the  Third  Avenue  Rail- 
road Company  in  order  to  reach  its  large  car  barn  and  power  house  at  218th  Street.  The  reason  for 
building  it  under  the  name  of  a  different  corporation  was  given  that  this  stretch  of  road  had  to  be 
built  under  a  limited  franchise  of  twenty-five  years,  ana  its  own  franchise  was  perpetual,  and  they  said, 
"we  did  not  want  to  mix  up  corporations  with  permanent  rights  with  those  which  only  had  temporary 
rights,  and  that  the  Kingsbridge  Railway  Company  owned  nothing  except  the  franchise  and  track  and  $1.15, 
I  think." 

The  Third  Avenue  Railroad  Company  leased  its  property,  including  the  Kingsbridge  road,  to  the 
Metropolitan  Street  Railway  Company,  which  in  turn  leased  it  to  the  New  York  City  Railway  Com- 
pany. After  this  property  had  gone  into  the  hands  of  the  Receivers  the  Third  Avenue  system,  including 
the  Kingsbridge  road,  was  separated  from  the  other  New  York  City  Railway  property  and  came  into  the 
hands  of  Mr.  Whitridge,  as  its   Receiver. 

212 


All  of  the  property  of  the  Third  Avenue  Railroad  system,  including  the  Kingsbridge  road,  was 
mortgaged  to  the  Morton  Trust  Company,  which  was  succeeded  by  the  Central  Trust  Company,  which 
holds  86  shares  of  stock  of  the  Kingsbridge  company,  together  with  the  right  to  subscribe  for  the 
remaining  9914  shares,  and  the  Kingsbridge  Railway  Company's  note  given  to  the  Third  Avenue  Rail- 
road  Company  for  the  money  expended  in  its   construction. 

The  Kingsbridge  Railway  Company  rendered  annual  reports  to  the  Board  of  Railway  Commis- 
sioners from  and  including  1902  down  to  and  including  1907.  In  the  report  of  1902  it  appears  that  the 
cost  of  the  construction  of  the  Kingsbridge  road,  3,129  miles  of  double  track,  was  $877,474.99,  making 
the  cost  per  mile  of  double  track  $280,792.00. 

In  the  reports  of  1903  there  appears  this  additional  item:  "Amount  expended  for  construction 
of  road  by  Third  Avenue  Railroad  Company  not  heretofore  put  on  the  books  of  this  company,  $1,285,- 
737.07,"  making  the  total  cost  of  constructing  the  road  $2,226,362.23. 

In  reference  to  this  last  item  of  additional  cost  for  the  construction  of  the  road,  the  auditor  of 
the  Interurban  Street  Railway  Company  stated  on  December  9,  1903,  in  a  letter  to  the  Board  of  Railroad 
Commissioners,  as  follows:  "In  reference  to  the  amount,  $1,285,737.07,  we  regret  to  say  that  we  can- 
not separate  this  item  as  to  details,  nor  could  we  say  that  the  road  was  built  by  contract,  this  amount 
being  charged  as  one  item  on  the  old  Third  Avenue  Railroad  Company's  books  turned  over  to  this  com- 
pany  at   the   time   of  the  lease." 

In  the  reports  of  1904  and  1905  this  item  appears  under  the  description  of  "Reconstruction  of 
the  old  road";  and  in  the  report  of  1906  it  appears  as  "Construction  of  old  road."  The  attention  of  the 
New  York  City  Railway  Company  having  been  called  to  this  discrepancy,  it  wrote  to  the  Railroad 
Commissioners    that    it    might    be    corrected    to    read  "Reconstruction  of  old  road." 

The  evidence  produced  by  Mr.  Robinson  on  behalf  of  the  Receiver  was  that  there  never  was  any 
old   road   to   reconstruct. 

In  the  report  of  1907,  the  road  having  been  extended  in  the  meantime  to  225th  Street,  the  total  cost 
of  the  road  is  given  at  $2,262,358.43,  making  the  cost  per  mile  of  double  track  road  $671,721.62. 

It  appears  also  that  the  Receiver  is  unable  to  give  any  facts  or  details  as  to  the  item  of  $1,285,- 
7Z7-07  charged  for  reconstruction  of  the  old  road  by  the  Third  Avenue  Railroad  Company,  the  witness 
stating  that  the  books  of  the  Third  Avenue  Railroad  Company  prior  to  1900  could  not  be  found. 

It  thus  appears  that  the  Kingsbridge  Railway  Company  is  a  paper  company,  which,  for  the  reasons 
stated,  was  organized  in  the  interests  of  the  Third  Avenue  Railroad  Company;  that  it  has  a  capital  issued 
of  $8,600.00,  and  an  unfunded  debt  of  nearly  two  and  a  half  millions,  alleged  to  have  been  incurred  for 
its  construction,  but  representing  a  sum  far  in  excess  of  the  fair  cost  of  such  construction. 

The  approval  of  the  Commission  is  asked  for  a  joint  traffic  agreement  between  this  company  and 
the  company  that  holds  all  of  its  refunded  obligations. 

It  also  appears  from  examination  made  that  the  road  is  being  operated  by  the  Receiver  of  the 
Third  Avenue  Railroad  Company,  as  a  part  and  parcel  of  the  general  system.  Notwithstanding  the 
agreement  which  has  been  in  existence  since  February  last,  requiring  the  Receiver  to  pay  to  the  Kings- 
bridge  Railway  Company  $5,000.00  per  annum,  payable  quarterly,  no  payment  whatever  has  been  made, 
and  it  is  conceded  by  the  Receiver  that  the  reservations  in  the  agreement  for  the  Kingsbridge  Company 
to  operate  cars  of  its  own  not  to  exceed  four  daily,  the  payment  of  the  above-mentionjed  $5,000.00  by 
the  Third  Avenue  Railroad  Company,  the  issue  of  transfer  tickets  from  one  company  to  the  other,  to 
furnish  electrical  power  to  operate  the  said  cars  by  the  Receiver,  to  house  the  cars  of  the  Kingsbridge 
Company,  clean  and  repair  the  same,  and  that  the  Kingsbridge  Company's  employees  shall  not  impede 
the  progress  of  the  cars  of  the  Third  Avenue  Railroad  Company,  are  each  and  all  paper  statements 
only,  as  it  is  not  contemplated  that  the  Kingsbridge  Railway  Company  shall  have  any  employees,  shall 
own  or  operate  any  cars,  or  shall  receive  any  payments  from  the  Third  Avenue  Railroad  Company. 

It  also  appeared  from  the  evidence  that,  notwithstanding  the  Receiver  was  operating  the  cars 
along  the  tracks  of  the  Kingsbridge  Railway  Company  on  Broadway,  transfers  on  that  line  were  is- 
sued in  the  name  of  the  Kingsbridge  Railway  Company.  This  procedure  would  tend  to  convey  the 
idea  to  the  patrons  of  the  road  that  the  line  was  being  operated  by  the  Kingsbridge  Railway  Company. 
And  the  provision  in  the  agreement  submitted  also  allowing  joint  operation  over  this  line  by  the  Kings- 
bridge  Company  and  the  Third  Avenue  Company,  under  the  reservation  in  the  agreement,  would  tend 
to  inconvenience  the  public  in  that  it  would  be  difficult  to  distinguish  which  company  was  liable  for  any 
damages  that  might  be  caused  by  the  cars  operated  thereon. 

In  view  of  the  fact  that  the  Receiver  of  the  Third  Avenue  Company  has  admitted  that  it  is  not 
the  intention  that  any  cars  will  be  operated  by  the  Kingsbridge  Company  under  the  reservation  con- 
tained in  the  agreement,  I  think  before  this  Commission  approves  the  agreement  the  parts  thereof  that 
are  not  intended  to  be  operative  should  be  eliminated. 

I  would  therefore  recommend  that  the  present  agreement  be  not  approved. 

(Signed)  J.  E.  EUSTIS, 

Commissioned* 
213 


Travis  H.  Whitney,  Esq.,  '^'  New  York,  December  14,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  St.,  New  York  City. 
Dear  Sir: 

I  have  yours  of  the  12th  enclosing  to  me  the  report  of  Mr.  Commissioner  Eustis  in  respect 
to  the  contract  about  the  Kingsbridge  Railway,  also  the  Order  made  in  connection  therewith. 

Mr.  Eustis  states  in  the  report  that  I  have   asked   the   approval   of   the    Commission    for 

•"'joint  traffic   agreement."     I   beg  to  advise   him  that  I  have  asked   for  nothing  of  the  sort. 

"Joint  traffic  agreement"  is  the  kind  of  thing  which  exists  under  the  Interstate  Commerce  Law, 

not  upon  the  street  car  lines  in  this  city. 

Yours  truly, 

Receiver. 

Travis  H.  Whitney,  Esq.,  New  York,  December  26,  1908. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  Dear  Sir: 

I  send  you  herewith  form  of  contract  for  franchise  with  the  City  of  New  York  covering 
the  construction  of  a  loop  at  Fort  George,  the  construction  of  which  will  greatly  facilitate 
the  operation  of  the  Third  Avenue  Road,  and  if  I  think  rightly,  very  much  serve  the  conven- 
ience of  the  public.  I  have  asked  for  a  temporary  permit  pending  the  granting  of  the  final 
franchise,  to  begin  this  work,  and  I  am  informed  that  I  should,  before  beginning  the  actual 
construction,  obtain  the  consent  of  the  Public  Service  Commission  thereto.  The  matter  is, 
for  the  reasons  stated  in  the  addenda  to  the  contract  dated  November  8th,  of  pressing  impor- 
tance to  me,  and  I  should  be  very  much  obliged  if  the  Commission  would  give  its  consent  to 
the  immediate  beginning  of  the  construction  of  this  loop  under  the  temporary  permit. 

Yours  very  truly, 

Enclosure.  Receiver. 

Travis  H.  Whitney,  Esq.,  New  York,  January  2nd,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 

My  dear  Sir: 

I  have  written  to  you  and  to  Mr.  Coleman  in  respect  to  the  disposition  of  the  suits  brought 
against  me  for  the  recovery  of  penalties  for  failure  to  file  reports  which  the  Commission 
already  has. 

I  have  also,  and  on  December  26th,  written  to  the  Commission  asking  for  permission  to 
begin  the  construction  of  the  Fort  George  Loop  in  accordance  with  the  temporary  permits 
obtained  from  the  City  authorizing  me  so  to  do.  This  is  a  matter  in  which  the  public  are  very 
much  interested,  and  I  consider  that  the  delay  of  the  Commission  in  taking  action  upon  my  re- 
quest to  begin  this  work  is  unconscionable. 

214 


I  am  also  disappointed  in  not  having  received  the  Order  of  the  Commission  in  respect  to 
the  transfer  situation  of  59th  Street,  42nd  Street  and  the  Third  Avenue  Railroad.  The  Com- 
mission made  an  order  for  a  hearing  upon  that  matter,  taking  a  large  amount  of  testimony 
(all  on  one  side,  which  is  an  odd  thing  for  a  judicial  tribunal)  and  the  hearing  was  closed 
some  days  ago.  I  am  now  given  to  understand  that  the  Commission  does  not  propose  to  issue 
an  Order  in  the  premises  for  a  month.  This  I  object  to  most  strongly.  The  Commission 
ought  either  to  make  an  Order,  or  dismiss  the  petition  on  which  they  have  had  the  hearing. 
They  have  put  me  to  thousands  of  dollars  of  expense  and  I  think  the  order  contemplated  by 
the  petition  and  the  hearing  order  is  entirely  impracticable,  but  whether  it  is  or  not,  I  am  en- 
titled to  have  the  final  judgment  of  the  Commission  and  know  where  I  stand.  If  an  order  is 
made  which  I  think  cannot  be  carried  out,  I  am  entitled  and  the  public  is  entitled  to  have  the 
question  of  the  authority  of  the  Commission  to  make  it,  determined,  and  also  to  have  it  deter- 
mined whether  their  exercise  of  that  authority — in  case  it  is  upheld — is  unreasonable.  I  think 
it  of  great  importance  that  this  "through  route"  case  should  go  to  the  Courts  at  the  same  time 
as  the  Metropolitan  "Zone"  case,  and  I  earnestly  request  the  Commission  to  take  action  upon 
these  three  matters  without  further  delay,  unless  they  wish  to  incur  from  me  the  reproach 
of  being  "weary  of  well  doing,"  or  what  I  am  sure  they  fondly  and  honestly  believe  is  well 
doing. 

Yours  truly, 

Receiver. 


Frederick  W.  Whitridge,  Esq.,  New  York,  January  6,  1909. 

Receiver,  Third  Avenue  Railroad  Company, 

65th  Street  &  Third  Avenue,  New  York  City. 
Dear  Sir : 

Acknowledging  receipt  of  your  communication  of  January  2nd,  in  which  you  speak  of  the  disposition 
of  the  suits  for  penalties  and  urging  the  determination  as  to  the  59th  Street  joint  fare  case,  I  have  to  state 
that  a  number  of  adjournments  were  granted  at  the  request  of  counsel  to  the  companies.  The  Commission 
will  render  its  decision  in  due  course  and  after  careful  consideration  of  the  large  amount  of  testimony 
given  at  the  various  hearings. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
THW/EH  Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  January  7th,   1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 
My  dear  Sir: 

I  have  yours  of  the  6th  in  which  you  say  that  "the  Commission  will  render  its  decision 
upon  the  franchise  in  the  59th  Street  joint  fare  case  in  due  course,  after  careful  consideration 
of  the  large  amount  of  testimony  given  at  the  various  Hearings." 

I  hope  we  shall  not  differ  radically  as  to  what  "due  course"  is.  I  think  you  ought  to  make 
your  Order  at  once,  and  I  feel  bound  to  say  to  you  that  I  shall  take  such  steps  as  seem  to 

315 


me  to  be  necessary  to  secure  the  hearings  of  this  case  together  with  the  MetropoHtan  case  by 
the  Courts  at  the  same  time,  if,  after  further  and  mature  consideration,  the  Commission  pro- 
pose to  compel  me  to  have  a  case  about  the  through  routes  and  joint  rates  at  all. 

Yours  truly. 

Receiver. 


SCHEDULE  A. 

At  a  Meeting  of  the  Public  Service  Commission  for  the  First  District,  duly  held 
at  its  office,  No.  154  Nassau  Street,  Borough  of  Manhattan,  City  of  New 
York,  on  the  26th  day  of  March,   1909. 


Present : 

William  R.  Willcox, 

Chairman, 
William  McCarroll, 
Edward  M.  Bassett, 
John  E.  Eustis, 
Milo  R.  Maltbie, 


>  Commissioners. 


J 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


In  the  Matter 

of  the 

I    C^a.sc  No    1086 
Application  of  THE  THIRD  AVENUE  RAILROAD  COMPANY   for  the   Per-  \      Order  Granting 
mission  and  Approval  of  this  Commission  to  the  Construction  and  Operation  of  (       Application, 
an  extension  of  the  Street  Surface  Railroad  on   Fort  George  Avenue,   Borough 
of  Manhattan,  City  of  New  York. 

The  Third  Avenue  Railroad  Company  having  made  application  to  the  Public  Service  Commission  for 
the  First  District  by  a  petition,  duly  verified  and  filed,  and  accompanied  by  the  documents  required  by  the 
rules  of  practice  of  the  Commission  for  the  permission  and  approval  of  the  Commission  to  the  construc- 
tion and  operation  of  an  extension  of  its  street  surface  railroad  upon  the  route  described  in  its  statement 
of  proposed  extension  duly  filed  pursuant  to  Section  90  of  the  Railroad  Law  with  the  Secretary  of  State  and 
with  the  County  Clerk  of  New  York  County,  and  in  the  franchise  granted  to  said  company  by  the  city  of 
New  York  under  date  of  March  4,  1909,  and  being  in  the  Borough  of  Manhattan,  City  of  New  York,  a 
full  description  of  said  route  being  hereinafter   set  forth : 

And  the  Commission  having  fixed  Friday,  March  19,  1909,  at  2 :30  o'clock  in  the  afternoon,  at  the  office 
of  the  Commission  at  No.  154  Nassau  Street,  Borough  of  Manhattan,  City  of  New  York,  for  a  hearing 
upon  said  petition,  and  having  directed  that  a  notice  of  said  application  and  hearing  containing  a  description 
of  the  route  in  and  upon  which  the  company  proposes  to  construct  and  operate  said  extension,  be  published 
in  certain  newspapers  and  at  certain  times  specified  by  the  Commission,  and  said  hearing  having  been  had 
by  and  before  the  Commission  at  the  place  aforesaid  on  March  19,  1909,  and  on  March  23,  1909,  Commis- 
sioner Maltbie  presiding;  and  the  said  applicant,  The  Third  Avenue  Railroad  Company,  having  appeared 
upon  said  hearing  by  Henry  A.  Robinson,  its  Counsel,  and  having  presented  proof  of  publication  of  notice 
of  such  application  and  hearing,  as  required  by  the  Commission,  and  having  presented  its  proof,  whereby  it 
satisfied  the  Commission  that  the  construction  and  operation  of  said  extension  is  necessary  and  convenient 
for  the  public  service ;  and  the  Commission  having  determined,  after  said  hearing,  that  the  construction  and 
operation  of  the  extension  of  said  company's  road,  as  described  in  the  statement  of  proposed  extension 
thereof,  filed  with  the  Secretary  of  State  and  with  the  County  Clerk  of  New  York  County,  and  as  de- 
scribed  in   said   franchise,    is  necessary   and   convenient  for  the  public  service ;  now  therefore,  it  is 

2l5 


ORDERED,  That  said  application  be  and  the  same  hereby  is  granted;  that  the  permission  and  ap- 
proval of  the  Public  Service  Commission  for  the  First  District  is  hereBy  granted  to  the  construction  and 
operation  by  The  Third  Avenue  Railroad  Company  of  the  extension  of  said  company's  line  upon  the  route 
and  as  described  in  its  statement  of  proposed  extension,  duly  filed  with  the  Secretary  of  State  and  with  the 
County  Clerk  of  New  York  County,  and  as  described  in  said  franchise,  as  aforesaid,  said  route  being  de- 
scribed in  said  statement  and  in  said  franchise  as  follows : 

"Beginning  and  connecting  with  the  existing  double-track  street  surface  railway  on  Amsterdam  Avenue, 
at  or  near  the  intersection  of  said  avenue  with  Fort  George  Avenue;  thence  northerly,  westerly  and  southerly 
in,  upon  and  along  said  Fort  George  Avenue  as  it  winds  and  turns,  to  its  intersection  with  Audubon  Avenue, 
with  a  loop  terminal  at  said  intersection,  to  be  constructed  within  the  present  roadway  of  said  Fort  George 
Avenue." 

The  permission  and  approval  hereby  granted  shall  not  be  construed  as  an  approval  by  the  Commission 
of  the  contract  regarding  said  proposed  extension  entered  into  between  said  company  by  Frederick  W.  Whit- 
ridge,  Receiver,  on  the  one  hand,  and  the  City  of  New  York  on  the  other  hand,  dated  March  4,  1909,  ex- 
cept as  to  the  grant  of  the  right  to  construct  and  operate  an  extension  of  said  Company's  line  over  the 
route  above  described.     It  is  further 

ORDERED,  That  this  order  shall  take  effect  immediately,  and  shall  continue  in  force  until  such  time 
as  the  Public  Service  Commission  for  the  First  District  shall  otherwise  order. 

State  of  New  York.  • 

PUBLIC  SERVICE  COMMISSION 

For  The  First  District, 

Tribune  Building, 

154  Nassau  St 

New  York,  Jan.  6,   1909. 

Frederick  W.  Whitridge,  Esq., 

Receiver,  Third  Avenue  Railroad  Company, 
65th  St.  &  Third  Ave.,  New  York  City. 
Dear   Sir : — 

Relative  to  your  letter  of  December  26th  enclosing  a  form  of  contract  for  franchise  with  the  City  of 
New  York  covering  the  construction  of  a  loop  at  Fort  George,  stating  that  you  have  asked  for  a  tempo- 
rary permit  to  begin  the  work  and  asking  the  consent  of  the  Commission  to  the  immediate  beginning  of 
the  construction  of  this  loop  under  the  temporary  permit,  I  have  to  state  that  the  Commission  deems  it 
inadvisable  to  consider  the  application  for  a  certificate  under  the  provisions  of  Section  53  of  the  Public 
Service    Commissions    Law    until    a    franchise    has    been  obtained. 

As  soon  as  the  franchise  is  granted  application  should  then  be  made  and  the  Commission  will  give 
prompt  attention  thereto. 

Very  truly  yours, 
THW/EH  (Sgd.)    TRAVIS  H.  WHITNEY. 

Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  January  7th,   1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 

My  dear  Sir: 

I  have  yours  of  the  6th  in  respect  to  franchise  for  a  loop  at  Fort  George,  telling  me  that 
the  Commission  deems  it  inadvisable  to  consider  the  application  for  a  certificate,  under  the  pro- 
vision of  Section  53,  until  a  franchise  has  been  obtained,  and  ignoring  what  I  say  about  a  tem- 
porary permit  to  begin  work.     This  leaves  me  rather  up  in  the  air. 

Some  time  ago  I  wrote  you  and  asked  whether  you  wanted  to  see  my  franchises  before 
they  were  finally  completed  or  not,  and  you  said  "no."  Subsequently  the  City  authorities 
recognizing  the  necessity  of  saving  time  in  the  construction  of  the  loop,  gave  me  permits  to 

217 


begin  work  in  advance  of  the  franchise.  I  began  to  collect  material.  Your  counsel  called  me 
up  and  said  that  before  acting  under  those  permits,  I  should  obtain  the  permission  of  the  Com- 
mission. I  asked  for  that  permission  and  you  now  say  that  I  must  wait  until  the  franchise  is 
granted. 

Under  these  circumstances,  I  am  in  some  doubt  as  to  what  I  should  do.    Unless  I  receive 
further  definite  advices  from  you,  I  shall  act  upon  my  own  judgment. 

Yours  truly, 

Receiver. 


Frederick  Whitridge,  Esq.,  New  York,  January   ii,   1909. 

Receiver,   Third   Avenue   Railroad    Company, 
65th  Street  and  Third  Avenue, 
New    York    City. 
Dear  Sir: 

I  desire  to  call  your  attention  to  a  defect  in  the  west  rail  of  the  northbound  Third  Avenue  tracks  at 
Rark  Row.  The  defective  spot  is  about  opposite  33  Park  Row  between  Ann  and  Beekman  Streets.  The 
head  of  a  piece  of  rail  has  been  broken  off  about  4J^  inches,  from  the  joint.  The  passing  of  cars  over 
this  bad  rail  is  accompanied  by  a  loud  noise  and  jarring  of  the  surroundings,  as  well  as  of  the  passengers 
in  the  car.  The  damage,  which  is  being  done  to  rolling  stock,  as  well  as  possible  danger  caused  by  this 
defect,   will   suggest   upon    investigation   the   repairs   which  ought   to  be  made. 

Yours  very  truly, 

GFD/CWT  '  Secretary. 


Public  Service  Commission,  New  York,  January  12,  1909. 

154  Nassau  Street,  City. 
Dear  Sirs: — 

I  have  an  unsigned  letter  from  somebody  written  on  your  note  paper,  calling  my  attention 
to  the  fact  that  there  is  a  broken  rail  opposite  33  Park  Row.  I  am  much  obliged  to  the  writer 
of  the  letter  for  this  information. 

The  whole  of  the  track  from  Chatham  Square  down  to  the  Post  Office  is  in  process  of 
being  relaid,  but  I  will  have  this  particular  rail  attended  to  prior  to  the  whole  work. 

Yours  very  truly. 

Receiver. 

TYSON  &  BROTHER. 
Hotel  Manhattan, 
Forty-second  Street  and  Madison  Avenue. 
Public  Service  Commission.  New   York,  January   14,   I'^cg. 

Sirs: 

Would  call  your  attention  of  the  practice  of  compelling  passengers  on  cars  marked  Broadway  to  34th 
Street  Ferry  to  change  cars  at  Times  Building  and  to  stand  in  the  snow  and  slush  waiting  for  another  car 
to  come  along ;  also  the  switching  of  cars  in  front  of  the  Belasco  Theatre  blocking  the  entire  street ;  this 
always  occurs  during  cold  or  stormy  weather  and  at  the  whim  of  two  young  switch  tenders. 

Yours  truly, 

(Signed)     W.  A.  TYSON. 
218 


Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 


New  York,  January  16,  1909. 


My  dear  Sir: 

I  have  yours  of  the  15th  enclosing  the  communication  of  Mr.  W.  A.  Tyson.  Mr.  Tyson's 
statements  are  a  little  broad  when  he  talks  about  the  practice  of  compelling  passengers  to  stand 
in  the  snow  and  slush  waiting  for  another  car  to  come  along.  Of  course  we  have  no  such 
practice,  and  there  has  been  no  snow  or  slush  at  the  points  he  speaks  of  except  upon  two  even- 
ings during  the  entire  Winter.  On  the  night  of  the  13th  when  apparently  Mr.  Tyson  was  in- 
convenienced, the  condition  of  the  snow  removal  in  front  of  the  "Times"  Building  was  such 
that  some  cars  had  to  be  turned  back. 

Mr.  Tyson  made  a  complaint  yesterday  which  the  Manager  answered,  and  I  enclose  here- 
with a  copy  of  his  letter.  I  am  most  anxious  to  have  this  42nd  Street  service  suit  the  conven- 
ience of  the  theatre  patrons,  because  they  are  a  very  important  source  of  revenue  to  us,  but  it 
is  quite  evident  that  Mr.  Tyson  is  cross  and  it  is  equally  evident,  for  the  reasons  I  have  stated, 
that  the  42nd  Street  Road  has  no  such  practice  as  he  has  presumed  to  complain  to  you  of. 

Yours  very  truly. 
Enclosure :  i  Receiver. 


W.  A.  Tyson,  Esq.,  New  York,  January  16,  1909. 

Tyson  &  Brother, 

Hotel  Manhattan,  City. 

Dear  Sir: 

I  have  a  communication  from  the  Public  Service  Company  enclosing  your  complaint  to 
them  of  the  14th,  and  I  enclose  to  you  herewith  copy  of  my  reply  thereto. 

Yours  truly, 
Endorsed:  i.  Receiver. 


Travis  H.  Whitney,  Esq.,  New  York,  January  19,  1909. 

Secretary,  Public  Service  Commission 
154  Nassau  Street,  City. 

My  dear  Sir: 

I  send  you  herewith  copy  of  Bill  which  I  have  had  prepared  and  which  has  been  intro- 
duced into  the  Assembly  by  Artemas  Ward,  Jr.,  together  with  copy  of  a  letter  which  I  am  send- 
ing to  the  newspapers  in  respect  thereto. 

I  do  not  know  whether  the  Public  Service  Commission  will  feel  that  this  is  a  matter  in 
which  they  can  help  me  and  the  other  Railroads,  or  not.  I  very  much  hope,  however,  that  the 
general  purpose  of  the  Bill  will  commend  itself  to  their  good  judgment,  and  that  they  may  have 

219 


the  opportunity  and  the  disposition  to  say  a  good  word  for  the  Bill  in  the  influential  quarters 

which  the  members  of  the  Commission  frequent. 

Yours  very  truly, 

Knclosures:  Receiver. 


936  West  End  Avenue. 
Mr.  Travis  H.  Whitney,  Secy. 

Dear  Sir: 

Will  you  kindly  have  the  Public  Service  Commission  give  some  attention  to  the  condition  of  railway 
tracks  at  io6th  Street  and  Broadway?  A  little  tinkering  was  done  in  the  fall,  but  with  no  lasting  results, 
and  with  windows  open  for  fresh  air  at  night,  sleep  is  impossible. 

If  Receiver  Whitridge  can  afford  new  cars,  why  are  not  some  at  least  run  over  this  Broadway  track, 
which  is  patronized  largely  by  people  of  refinement,  instead  of  running  them  up  and  down  Third  Avenue, 
where  cleanliness  is  at  a  discount,  and  nerves  are  an  unknown  quantity?  The  rails  of  the  old  cars  are  al- 
most as  unbearable  as  last  summer  when  all  the  windows  were  open. 

Yours  truly, 

(Signed)    JULIA  VON  W.  MALLON. 
New  York,  January   i6th,   1909. 

Travis  H.  Whitney,  Esq.,  New  York,  January  20,  1909. 

Secretary,   Public  Service  Commission, 
154  Nassau  Street,  City. 

My  dear  Sir: 

I  have  yours  of  the   19th  in  reference  to  the   complaint   from  Julia  von   W.   Mallon  of 
936  West  End  Avenue,  and  I  enclose  a  copy  of  my  reply  to  that  lady. 

Yours   truly. 

Enclosure :  i  .  Receiver. 


Julia  Von  W.  Mallon.  New  York,  January  20,   1909. 

936  West  End  Avenue, 
New  York  City. 
Dear  Madam : 

The  Public  Service  Commission  have  sent  me  copy  of  your  letter  to  them  of  the  i6th 
instant.  In  reply  thereto  I  beg  to  say  that  the  condition  of  the  tracks  at  Broadway  and  io6th 
Street  and  at  various  other  places  has  been  subject  to  great  consideration  by  me  and  my  en- 
gineers, as  well  as  the  engineers  of  the  Public  Service  Commission  and  the  Health  Depart- 
ment. The  noise  is  due  in  part  to  the  condition  of  the  track  and  in  part  to  other  causes  over 
which  we  have  no  control.  I  hope  when  it  is  possible  to  work  upon  the  tracks  in  the  Spring, 
to  put  all  the  worst  places  on  Broadway  in  order,  and  in  respect  to  the  cars — I.  expect  within 
a  few  days  to  order  cars  even  better  than  those  now  in  service  upon  the  Third  Avenue  line, 
which  will  enable  me  to  supply  the  people  of  refinement  and  nerves  on  Broadway  with  the  best 

cars  in  existence. 

220 


I  should  have  been  happy  to  do  it  before    now,  biU  there  are  a  good  many  things  to  do 

and  my  command  of  capital  is  not  unlimited,  and  if  I  may  respectfully  say  so,  I  commend  to 

you  the  exercise  of  about  one  per  cent,  of  the     amount  of   patience   which   I   am   called   upon 

to  use  every  day. 

Yours  very  truly, 

Receiver. 


New  York,  January  19,   1909. 
Frederick  W.  Whitridge,  Esq., 

Receiver,  Third  Avenue  Railroad  Co., 
65th  Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir: 

Our  attention  has  been  called  to  a  matter,  which,  if  correctly  stated,  may  require  some  action  by  you  to 
remedy  it. 

It  was  stated  that  on  January  8th  at  7 :55  P.  M.  car  No.  808  southbound  on  Third  Avenue,  arrived  at 
66th  Street,  where  the  passengers,  numbering  35,  were  compelled  to  get  off  and  take  the  car  ahead,  No.  776, 
which  was  already  crowded  above  seating  capacity.  The  destination  sign  on  car  No.  808  was  turned  blank, 
and  there  was  apparently  nothing  the  matter  with  the  equipment.  It  was  stated  that  this  is  a  common  prac- 
tice at  that  point. 

Will  you  please  advise  by  January  28th  whether  it  is  a  practice,  and  if  so,  explain  the  necessity  for  it, 
as  it  would  appear  to  be  a  subject  calculated  to  cause  complaint. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY. 
GFD/CWT  Secretary. 


New  York,  January  21,  190Q. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 
My  dear  Sir: 

I  have  yours  of  the  19th  instant  in  respect  to  the  inconvenience  to  the  passengers  of  Car 
808  on  the  evening  of  January  8th.  In  reply  thereto  I  beg  to  say  that  your  informant  is  in 
error.  It  is  not  a  common  practice  to  do  any  such  thing  as  he  states.  What  happens  is  this — 
in  place  of  running  dark  cars  from  the  terminals  to  depots  when  the  rush  service  is  over,  it 
seemed  to  me  to  be  more  convenient  for  the  public  that  those  cars  should  run  to  the  depots  open, 
taking  such  passengers  as  oflFered,  but  with  the  depot  signs.  In  the  particular  case  of  which 
your  informant  speaks,  car  808,  run  2561,  arrived  at  65th  Street  at  7.55  p.  m.,  and  had  on 
board  15  passengers,  not  35,  and  was  carrying  a  65th  Street  sign.  The  passengers  were  trans- 
ferred to  the  car  ahead  without  inconvenience  and  car  808  put  into  the  car  house,  the  crew 
having  finished  their  day's  work,  I  had  rather  thought  that  running  cars  home  to  the  barns 
at  the  end  of  the  day  open  instead  of  "dead"  was  an  improvement,  and  I  feel  sure  that  it  is  so 
unless  the  signs  were  misleading.  I  have  looked  into  this  particular  case  carefully  and  I  am 
quite  sure  that  the  sign  was  clearly  labelled  "65th  Street  only." 

I  may  mention  for  your  information  that  I  am  equipping  the  new  cars  with  the  illuminated 

221 


signs  similar  to  those  which  appear  on  the  Fifth  Avenue  omnibuses,  which  will  make  it  still 
more  difficult  for  the  public  to  be  misled  or  to  mislead  itself. 

Yours  truly, 

Receiver. 

New  York,  January  25,  1909. 
William  R.  Willcox,  Esq., 

Chairman  of  Public  Service  Commission, 

154  Nassau  Street,  City. 

Dear  Mr.  Willcox: 

I  am  a  good  deal  disturbed  about  the  proposal  of  the  Board  of  Estimate  and  Apportion- 
ment to  lower  the  tracks  of  the  42nd  Street  Road,  so  that  the  cars  will  pass  under  Fifth  Ave- 
nue. This  would  be  a  very  serious  business  for  the  42nd  Street  Road,  as  they  will  compel  it  to 
pay  a  large  part  of  the  expense.  It  would  be  very  inconvenient  for  the  people  who  use  those 
cars  and  from  the  public  point  of  view  it  seems  to  me  to  be  quite  senseless.  The  scheme  origi- 
nated with  a  feather-brained  architect,  who  wanted  to  provide  a  place  for  a  statue  of  old 
Samuel  Tilden.  I  understand  the  trustees  of  the  library  are  opposed  to  it,  certainly  they  are 
not  in  favor  of  it,  and  I  do  not  see  how  anybody  who  desires  the  beauty  of  the  City — what 
there  is  of  it — to  be  maintained,  could  tolerate  the  notion  of  putting  two  Park  Avenue  tunnel 
entrances  in  42nd  Street — that  is  about  what  this  will  amount  to — making  a  great  hole  in  the 
middle  of  the  block  on  each  side  of  Fifth  Avenue. 

The  figures  which  have  been  presented  to  the  Board  in  respect  to  the  traffic  show  to  my 
mind  clearly  enough  that  there  is  no  necessity  for  the  thing,  if  they  will  widen  the  street  at  42nd 
Street  as  they  have  the  right  to  do  and  as  they  ought  to  do,  and  I  do  not  see  how  it  can  possi- 
bly be  done  without  interfering  with  the  subway,  such  as  I  suppose  you  will  ultimately  have 
built  under  Fifth  Avenue.  The  thing  comes  up  before  the  Board  of  Estimate  on  next  Friday, 
and  I  write  to  urge  you,  if  you  can  do  anything  to  stay  their  ruthless  hands,  to  do  it. 

Yours  truly. 

Receiver. 


New  York,  January  26,   1909. 
Frederick   W.   Whitridge,   Esq.,   Receiver, 
Third  Avenue  Railroad  Company, 
6sth  St.  &  Third  Ave.,  New  York. 

Dear  Sir: — 

Receipt  is  herewith  acknowledged  of  your  letter  of  January  25th,  addressed  to  Chairman  Willcox,  regard- 
ing proposal  of  the  Board  of  Estimate  and  Apportionment  to  lower  the  tracks  of  the  42nd  Street  road  so 
that    cars    will    pass    under    Fifth    Avenue.     Your   letter  will  be  brought  to  the  attention  of  the  Commission 

immediately. 

Very  truly  yours, 

WILLIAM  J.    NORTON, 
WJN/EH  Assistant    &    Acting    Secretary. 

222 


New  York,  January  25.  1909. 
Wm.  R,  Willcox,  Esq., 

Chairman,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Mr.  Willcox: 

I  send  you  herewith  the  Constitution  of  the  Third  Avenue  Railroad  Employees  Asso- 
ciation, for  which  you  asked  me  the  last  time  I  had  the  pleasure  of  meeting  you.  Eighty-four 
per  cent,  of  the  men  have  joined  and  the  Company  now  pays  in  $1  for  every  dollar  paid  in  by 
the  men.  The  amount  payable  in  case  of  death  is  temporarily  fixed  at  $135,  but  if  these  funds 
accumulate,  as  I  thirik  they  will,  that  sum  will  be  materially  increased.  Both  the  amount  of  that 
and  of  the  amount  of  the  pension  to  be  paid,  can  only  be  determined  by  the  insurance  ex- 
perts, after  the  Association  has  been  running  a  little  time.  I  think,  as  you  said,  that  this  Asso- 
ciation is  of  considerable  sociological  interest. 

Yours  very  truly, 

Enclosure :  Receiver. 


New  York,  January  26,   1909. 
Dear  Mr.  Whitridge : 

I  have  yours  of  January  2Sth  enclosing  booklet  containing  the  Constitution  and  By-Laws  of  the  Third 
Avenue  Railroad  Employees  Association. 

I  am  very  much  obliged  to  you  for  your  courtesy  in  sending  it  to  me,  and  after  reading  it,  I  shall 
forward  it  to  the  office  of  the  Civic  Federation,  for  I  think  it  will  be  of  much  interest  to  the  workers  of 
that  organization. 

Yours    very    truly, 

W.    R.    WILLCOX. 
To 

Frederick  W.  Whitridge,   Esq.. 

Receiver, 

Third   Avenue    Railroad    Company, 

65th   Street  &  Third  Ave, 

New  York  City. 


New   York,   January   25th,    1909. 
Frederick  W.  Whitridge,  Esq . 

Receiver, 

Third   Ave.   RR.    Co., 

65th  St.  &  Third  Ave.,  N.  Y.   C. 

Dear   Sir: 

Herewith  is  transmitted  a  certified  copy  of  an  Order   in    Case   No.    1047   adopted   by   the    Commission 
at   its   meeting  on  January  22,    1909. 

In    connection    with   your   acknowledgment   of   receipt   hereof   I    beg   to   call   your   attention    to    Section 
23   of   the    Public   Service   Commissions   Law. 

Yours   very   truly, 

TRAVIS  H.  WHITNEY, 
DMQ  Secretary. 

Enc. 
Case   1047 

223 


^  Order  for  Hearing. 
Case  No.  1047. 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


In  the  Matter 

of  the 

Hearing  on  the  Motion  of  the  Commission  on  the  question  of  Improvement  in 
and  Addition  to  the  Service  and  Equipment  of  the  Metropolitan  Street  Railway 
Company  and  Adrian  H.  Joline  and  Douglas  Robinson,  its  Receivers;  Third  Ave- 
nue Railroad  Company  and  Frederick  W.  Whitridge,  its  Receiver;  in  respect  to 
Fenders  and  Wheel  Guards  and  Safety  Devices  used  in  connection  therewith  on 
surface  cars  operated  in  the  Boroughs  of  Manhattan  and  the  Bronx,  City  of 
New   York. 


IT  IS  HEREBY  ORDERED  that  a  hearing  be  had  on  the  4th  day  of  February,  1909,  at  2.30  o'clock 
in  the  afternoon,  or  at  any  time  or  times  to  which  the  same  may  be  adjourned,  at  the  rooms  of  the  Com- 
mission, No  154  Nassau  Street,  Borough  of  Manhattan,  City  of  New  York,  State  of  New  York,  to  inquire 
whether  the  regulations,  practices,  equipment,  appliances  or  service  of  the  Metropolitan  Street  Railway 
Company  and  Adrian  H.  Joline  and  Douglas  Robinson,  its  Receivers;  Third  Avenue  Railroad  Company  and 
Frederick  W.  Whitridge,  its  Receiver;  Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue  Rail- 
road Company  and  Frederick  W.  Whitridge,  its  Receiver;  Dry  Dock,  East  Broadway  and  Battery  Railroad 
Company  and  Frederick  W.  Whitridge,  its  Receiver;  Union  Railway  Company  and  Frederick  W.  Whit- 
ridge, its  Receiver ;  Central  Park,  North  &  East  River  Railroad  Company ;  Second  Avenue  Railroad  Company 
and  George  W.  Linch,  its  Receiver;  28th  and  29th  Streets  Crosstown  Railroad  Company  and  Joseph  B. 
Mayer,  its  Receiver;  New  York  City  Interborough  Railway  Company;  Westchester  Electric  Railroad  Com- 
pany and  J.  Addison  Young,  its  Receiver;  Southern  Boulevard  Railroad  Company;  Pelham  Park  Railroad 
Company;  City  Island  Railroad  Company,  and  Kingsbridge  Railway  Company,  in  respect  to  transportation 
of  persons  or  property  in  the  First  District  are  unreasonable,  unsafe,  improper  or  inadequate  in  that 
cars  are  not  equipped  and  operated  with  suitable  fenders  and  wheel  guards  and  safety  devices  used  in 
connection  therewith,  and  to  inquire  whether  changes,  improvements  and  additions  to  fenders  and  wheel 
guards  and  safety  devices  used  in  connection  therewith  ought  reasonably  to  be  made  to  promote  the 
security  or  convenience  of  the  public  or  employees  of  the  companies,  and  if  such  be  found  to  be  the  fact 
then  to  determine: 

(i)  Whether  each  of  the  said  companies  shall  be  directed  to  equip,  maintain  and  operate  on  each 
and  every  car  operated  by  it  in  the  Borough  of  Manhattan  or  in  the  Borough  of  the  Bronx  suitable 
fenders  and  wheel  guards  and  safety  devices  used  in  connection  therewith  of  a  type  to  be  approved 
by  the   Public  Service  Commission   for  the   First  District. 

(2)  Whether  any  other  changes,  improvements  and  additions  in  equipment  and  regulations  be  directed 
by  the  Commission  as  necessary  to  the  effective  operation  and  use  of  fenders  and  wheel  guards  and  safety 
devices   used  in   connection  therewith. 

All  to  the  end  that  the  Commission  may  make  such  order  or  orders  in  the  premises  as  shall  be  just 
and  reasonable. 

FURTHER  ORDERED:  That  each  of  the  said  companies  be  given  at  least  five  (5)  days'  notice  of 
such  hearing  by  service  upon  each  of  them,  personally  or  by  mail,  of  a  certified  copy  of  this  order,  and 
that  at  such  hearing  each  of  the  said  companies  be  afforded  all  reasonable  opportunity  for  presenting  evi- 
dence  and  examining  and   cross-examining  witnesses  as  to  the  matters  aforesaid. 


224 


STATE  QF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION— FIRST  DISTRICT. 

METROPOLITAN  STREET  RAILWAY  COMPANY. 

Re-hearing  as  to  fenders,  wheel  guards  and  safety  devices  used  on-  surface  cars 
in  the  Boroughs  of  Manhattan  and  the  Bronx. 


J.  Hearing  Order  in 
Case  No.  1047. 


New   York,   May  24th,   1909. 

4.00  P.  M. 
Before 
HON.  MILO  R.  M.^LTBIE,  Commissioner. 

Appearances : 
H.   H.   WHITMAN,   Esq.,   Assistant   Counsel   for    the    Public    Service    Commission,    First    District, 
At  the   direction   of   Commissioner   Maltbie,   the  rehearing    was    declared   closed. 

HEARING  CLOSED. 


New  York,  January  2(>,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission,  -  -  '- 

154  Nassau  Street,  City. 

My  dear  Sir: 

I  have  yours  of  the  25th  enclosing  to  me  five  copies  of  your  Order  for  Hearing  in  Case 
No.  1047,  ^"*i  inviting  my  attention  to  Section  23  of  the  Public  Service  Commission  Law.  I 
have  read  that  section  accordingly,  which  seems  to  be  all  I  am  called  upon  to  do  in  the  premi- 
ses.   If  there  is  anything  else  I  shall  be  obliged  if  you  will  inform  me. 

Yours  truly. 

Receiver. 


New  York,  January  29,    1909. 
Frederick  W.  Whitridge,  Esq.,  Receiver  ... 

Dry  Dock,  East  Broadway  &  Battery  R.  R.  Co., 
65th   Street  and  Third  Ave., 
New  York  City. 
Dear  Sir: 

Your  attention  is  called  to  Order  No.  437  of  this  Commission  requiring  certain  information  as  to  car 
motors,  car  bodies  and  car  trucks  to  be  filed  semi-annually  July  ist  to  20th  and  January  ist  to  20th 
of  each  year.  This  semi-annual  staterrient  from  your  Company  was  due  January  20th  inst.,  and  has  not 
been  filed.     Will   you   kindly  give   the  matter  your  attention? 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
JBW/GSM  Secretary. 

225 


New  York,  January  30,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 

My  dear  Sir: 

I  have  yours  of  the  29th  calling  my  attention  to  the  reports  required  by  Order  437.     I 
will  look  the  matter  up  at  once. 

Yours  truly, 

Receiver. 

New  York,  February  3,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 

Dear  Sir: 

Replying  to  your  favor  of  the  29th  ult.  re  Order  437,  I  hand  you  herewith  table  of  car 
trucks,  table  of  car  motors  and  table  of  car  bodies,  dated  January  ist. 

Yours  truly. 

Enclosure:  3  Assistant  to  Receiver. 


New  York,  February  4th,   1909. 
Mr.  J.  W.  Kelley, 

Assistant  to  Receiver, 

3rd  Avenue  R.R.  Co., 

6sth  St.  &  3rd  Avenue, 
New   York  City. 
We  are  in  receipt  of  your  favor  of  the  3rd  inst.  relative  to  Order  $437  of  this   Commission,   and  beg 
to  acknowledge   the   three   tables    enclosed.  Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
RHN/LEK  .  Secretary. 


New  York,  February  6,  1909. 
Milo  R.  Maltbie,  Esq., 

Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Mr.  Maltbie: 

I  promised  you  the  other  day  to  send  you  a  statement  of  when  we  can  finish  equipping 
our  cars  with  the  guard  which  I  have  ordered.  I  am  informed  that  it  will  take  about  two 
months  to  complete  the  whole  business. 

Of  course  you  know  my  views  about  the  wisdom  of  making  an  Order  in  respect  to 
things  which  have  been  done  or  are  being  done.     I  think  it  is  confusing,  and  therefore  unfor- 

226 


tunate  to  make  an  order  under  those  circumstances,  but  as  I  think  I  said,  I  see  no  objection 
to  the  Order  which  you  propose  for  the  Third  Avenue  Road. 

Yours  very  truly, 

Receiver. 

New  York,  February  8,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  City. 

Dear  Sir: 

I  send  you  herewith  plans  and  specifications,  first — for  two  hundred  cars  ordered  by  me, 
second — for  the  controllers  for  those  cars,  third — for  the  air  brakes,  fourth — for  the  motors. 
The  contracts  for  this  equipment  were  signed  more  than  three  weeks  ago,  but  I  have  only 
to-day  been  able  to  get  copies  of  the  plans  for  you. 

Please  acknowledge  receipt  of  same,  and  believe  me. 

Yours  truly. 

Receiver. 


New   York,   February   loth,    1909. 
F.  W.  Whitridge,  Esq., 

Receiver,  Third  Avenue  R.  R.  Co., 
6sth   St.   &  Third  Avenue, 
New  York  City. 
Dear  Sir: — 

Receipt  is  herewith  acknowledged  of  copies  of  plans  and  specifications — 
First — for  200  cars. 
Second — for  controllers. 
Third — for  air  brakes. 
Fourth — for  motors. 

Yours  very  truly, 
WJN/GML  TRAVIS  H.  WHITNEY, 

Secretary. 


New  York,  February  11,  1909. 
Frederick  W.  Whitridge,   Esq., 

Receiver,  42nd   Street,   Manhattanville  & 
St.   Nicholas  R.  R.  Co., 

65th   Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir: 

Among  the  numerous  complaints  received  regarding  excessive  noise  caused  by  the  operation  of  street 
cars  on  Broadway,  in  the  neighborhood  of  loist  Street,  have  been  several  from  Mr.  Egerton  Brown,  30 
Broad  Street. 

Investigations  have  been  several  times  made  and  the  matter  brought  to  your  attention  by  correspond- 
ence. It  appears  that  the  complaints  arise  from  noise  produced  mainly  by  the  bad  condition  of  the  tracks 
and  by  overspeeding  and  reckless  operation  of  cars  by  the  motormen. 

Observations  made  on  January  30th  during  the  hour  from  midnight  to  i  :oo  A.  M.  showed  that  on 
Broadway,  immediately  north  of  the  intersection  of  looth   Street,   the   speed   of  cars   varied   from    10.90  to 

227 


iSn^s^^ies  pjff  h^vri  The.  speed, vari^tiQij  depended  upon  the  atops  made  at  intersecting  .streets- and  the  ,ia-- 
terference  of  vehicles  and  pedestrians.^  To  cite  a  specific  msta^ice  of  recklessness,  a  car, , which  was  bqard- 
ed  at  Manhattan  Street  and  Broadwajr  at  about"  ii  :50  I^.  M.,  January  30th,  was  operated  over  117th  Street 
cross-over  at  a  high  speed,  approached  stop  marks  recklessly,  was  brought  to  a  violent  stop,  followed  an 
auto  on  down  grade  from  Ii6th  Street  at  a  distance  not  exceeding  25  feet  from  it  with  the  power  on  loop, 
and  continued  for  fully  200  feet  without  change.  At  i  loth  Street  another  auto  preceded  the  car  and  the 
motorman  coritmued  the  same  tactics,  following  closely  and  at  a  high  speed  until  107th  Street,  where  he 
was  obliged  to  stop  on  bell  signal.  At  lo8th  Street  he  ran  past  a  man  and  woman  who  gave  proper  signal 
to  stop.  The  car  stopped^  som^e  distance  beyond  them.  The  inspector  gave  signal  in  ample  time  to  stop  for 
99th  Stf eet,'  hxit  the  mc^torlnan  -wa^  unable  to  bring  the  car  to  a  standstill  until  midway  between  99th  and^ 
98th  Streets. 

There  seems  to  be  sufficient  evidence  from  the  repeated  observations  that  not  billy  the  ordinanqes  as 
to  speed,  but  the  operating  rules  of  your  company  are  frequently,  if  not  habitually,  violated  by  motormen 
over  the  tracks  in  question.  Recognizing  the  necessity  of  maintaining  schedules  and  the  public  demand  for 
rapid  transit,  the  public  interest  in  respect  to  safety  as  well  as  the  comfort  of  people  living  in  the  neighbor-!- 
hood,  seems  to  require  that  special  efforts  be  made  to  eliminate  as  far  as  possible  the  causes  of  these  com- 
plaints,, especially  from 'midnight  to  morning,  when  reasons  for  speed  hardly  exist.  '      ' 

TJ^p  platter., is  submitted  to  you  M  this  inioxmal  way,  pursuant  to  the  understanding  which  was  had, some 
time  since  in  reference  to  the  treatment  of  rninor  complaints,  with  request  that  you  reply  by  February  23rd 
stating'  in"  defail' the  iki^asufesM^hich  3^1/  will  take  for  ScLtisfying  the  complaints. 

Yours -very  truly.  ^  :  ^  :     '  '  ■   >: 

TRAVIS  H..  WHITNEY, 
GFD/CWT  Secretary. 

<^-i769  .  / 

Travis  H.  Whitney,  Esq.,  New  York,  February  13,  1909. 

Secretary,  Public  Service  Commission,  ' 

^■^■'154.  Nassau 'Street,  City. 

My  dear  Sir: 

I  have  yours  of  the  nth,  for  which  I  am  much  obliged  to  you.  Mr.  Egerton  Brown  of 
30  Broad  Street  and  his  complaints,  I  have  concluded,  after  an ,  investigation,  to.be  rather  un- 
reasonable. Nevertheless,  I  have  myself  had  so  many  complaints  about  the  service  on  upper 
Broadway,  that  some  time  ago  I  instructed  Mr.  Roosevelt,  one  of  our  superintendents,  and 
two  special  men  to  report  to  me  on  the  situation  there,  and  only  yesterday  received  their  re- 
ports, the  result  of  which  is  that  I  have^concluded  to  get  a  new  superintendent  for  that  Divi- 
sion as  .sDC«> /aV  I  can  find  one;  The  service  there  is  not  satisfactory,  the  rules  are  not  obeyed, 
and  while  i  think  Mr.  Brown  is  a  fussy  person,  it  is  quite  true  that  the  situation  on  that  Line 

must  be  changed. 

--;-  '■=  ".'-"  -•''-'■'      :-'"-■      -^^  Yours  truly,  

Receiver. 


Mr.  Frederick  W.  Whitridge,  New  York,  February  17th,  1909. 

Reyieiyer,,  3rd  Ave*  R.- R.  Co., 
,        .' )55th  St -&  ard  Ave.,  • 

New  York  City. 

Sir:  ,.,......  ,.^,.,^,^,,_..._       ...^_.^:  ._..,._,,.  r.,   ..    ,.  .         ,      , 

In  connection  with  the  Public •  Service  Commission's  Order  Noi  437,   will  you  kindly  favor  us   witli 
more  detailed  information  by  replying  at  your  earliest  convenience  to  the  following  questions : 

I.  How  many  of  the  old  double  truck  closed  cars  are  equipped  with  G.  E.  No.  21b  motors,  and  how 
mahy  with  Westifighouse  E.  &  M.  No.  56  motors? 

228 


'  2,  How  manjfj  j:f,.«in|r,  awvequipped^Kith -motors  o^,©ther:  types   .a  ^ro.-,   :,-    . 

3.  How  many  of  the  blH't^eh- cats  are  equii)iied- -with"' G^/^ -1^. '•2i0i'W  E.  ft'-Mi"  No.  g6 

and  other  motors,  respectively?  ,.;;'.  .:;i    •;:--v-r:'    Y';~  tu-iv    :n:.:       ■; 

4,  If  any  of- the  new  cars,  closed  or  open,  are  equipped  with  motors  other  than.  G.  ^.  No.  210,  or  any 
of  the  old  single  truck  cars  with  motors  other  than  Wiestinghouse  E.  &,M..  No,  68,  pleai^e  ..state  how,  many 
of  each  style,  giving  type  of  motor  in  each  case.        ,,., _    .._   .  .•,.\:._   ,  -^        .    .    •        .         ■[ 

Very  truly  yours,     ■  •       '  •  ■■      : 

RH/LEK  .1  TRAVIS  H;  WHITNEY, 

Secretary.    ■ 

Travis  H.  Whitney,  Esq.,  New  York,  February  19,   1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir; 

I  have  yours  of  the  17th  instant  asking  for  riiore  detailed  inforpiation  in  an$wer  to  the 
four  questions  therein  stated,  and  beg  to  reply  as  follows: 

First. — 86  of  the  old  double-truck  closed  cars  are  equipped  with  G.  E.  210  motors  and  100 
with  Westinghouse  56  motors. 

Second. — All  of  the  double-trudc  closed  cars  are  equipped  with  either  G.  E.  210  or  West- 
inghouse 56  motors. 

Third. — 17  of  the  old  open  cars  are  equipped  with  G.  E.  210  motors,  133  with  Westing- 
house  56  motors.  35  not  equipped  with  motors.  The  equipments  of  these  cars  are  to  be  re- 
moved from  the  double  truck  closed  cars. 

Fourth. — All  of  the  new  closed  cars  are  equipped  with  G.  E.  210  motors,  and  all  of  the 
new  open  cars  are  equipped  with  Westinghouse  56  motors.  All  of  the  old  single  truck  closed 
cars  are  equipped  with  Westinghouse  68  motors. 

Yours  very  truly, 

Receiver. 

Frederidc  W.  Whitridge,  Esq.,  New  York,  February  23rd,  1909. 

Receiver,  Third  Ave.   Railroad  Co., 
65th  St.  &  3rd  Avenue,  N.  Y.  City. 

Dear  Sir: 

We  are  in  receipt  of  your  favor  of  the  19th  inst.     pertaining   to   the    Public    Service    Commissioner's 

Order  No.  437,  for  which  please  accept  our  thanks. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
RHN/LEK  Secretary. 

JOSEPH  DARLING,  .  , 

Attorney  and  Counsellor  at  Law, 

116  Nassau  Street, 
Public  Utilities  Commission,  New  York,  Feb.   i6th,   1909. 

New  York  City. 
Gentlemen : — 

On   Sunday,  the   14th   instant,  I   took  a  northbound    car   on    the    Third    Avenue    surface   line,    at   about 
5 130  P.   M.,  and  asked   for  the  best   transfer  to  West  103d  Street.     I  was  given  the  enclosed  transfer  by  the- 

229 


conductor,  with  the  advice  to  take  the  lioth  Street  crosstcwn  line  going  west,  I  waited  one-half  an  houi 
at  the  corner  of  uoth  Street  and  Third  Avenue,  and  then  asked  the  druggist  on  the  southwest  corner  of 
these  streets  whether  there  was  any  special  headway  under  which  the  uoth  Street  cars  were  running.  He 
said  that  they  ran  two  or  three  cars  a  day  to  keep  their  franchise.  It  was  raining,  and  as  I  had  not  brought 
change,  I  had  to  walk  to  West  103d  Street  in  the  rain.  I  walked  on  uoth  Street  to  Eighth  Avenue,  but  no 
car  ran  westward  for  the  three-quarters  of  an  hour  that  I  was  on  uoth  Street.  The  transfer  that  I  enclose 
also  contains  the  false  representation  that  cars  are  running  on  uoth  Street,  which  is  based  on  the  pro 
forma  operation  of  the  road.  I  hear  that  many  persons  are  deceived  and  swindled  by  this  misrepresenta- 
tion every  day,  and  it  would  seem  time  to  stop  it,     I  would  like  to  receive  a  reply  to  this  letter. 

Respectfully, 

(Signed)    JOSEPH  F.  DARLING. 


New  York,  February  23,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  City, 

Dear  Sir: 

I  have  yours  of  the  20th  enclosing  the  complaint  of  Joseph  F.  Darling.  All  I  can  say  in 
reply  to  this  complaint  is — that  the  conductor  who  recommended  a  passenger  to  take  uoth 
Street  car  is  a  wonderfully  stupid  conductor,  and  had  no  business  to  do  anything  of  the  sort. 
I  entirely  sympathize  with  Mr.  Darling's  complaint,  and  I  am  very  sorry  that  he  should  have 
been  so  incommoded. 

I  should  have  thought,  however,  that  anybody  who  practices  Law  in  this  town  would 
know  more  about  the  geography  of  it  than  Mr.  Darling  appears  to  have  known.  The  uoth 
Street  line  is,  as  you  are  aware,  not  electrified  and  no  cars  have  been  for  many  years  run  over 
that  line  except  for  the  purpose  of  maintaining  the  franchise.  I  hope  this  spring  to  have 
my  motor  cars  in  use  there,  at  least  experimentally. 

Yours  very  truly. 

Receiver.    . 


New  York,  February  23,   1909. 
Joseph  F.  Darling,  Esq., 

116  Nassau  Street, 

City. 
Dear  Sir: 

I  send  you  herewith  a  copy  of  my  answer  to  the   Public  Service  Commission,  to  your 

complaint  of  February  i6th. 

Yours  truly, 

Receiver. 

230 


Enclosure:  i. 


Tribune  Building,  154  Nassau  Street, 
Borough  of  Manhattan,  City  of  New  York. 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT.         :  1, 

Wagenhals  and  Kemper,  and  others, 

Complainants, 
against 

Forty-second    Street,    Manhattanville   &    St.    Nicholas    Avenue    Railway   Company 
and  Frederick  W.  Whitridge,  as  Receiver  of  said  Forty-second  Street,  Manhatttan-       ^        ^       ^^ 
ville  &  St.  Nicholas  Avenue  Railway  Company,  the  Metropolitan   Street  Railway  r      Hearing  Order 
Company  and  Adrian  H.  Joline  and  Douglas  Robinson,  as  Receivers  of  said  Metro- 
politan Street  Railway  Company,  and  the  Broadway  &  Seventh  Avenue  Railroad 
Company, 

Defendants. 
"Location  of  Tracks  at  Times  Square." 

Pursuant  to  the  Public  Service  Commissions  Law,  it  is  hereby  ordered  that  a  hearing  be  held  at  the 
office  of  the  Commission,  154  Nassau  Street,  New  York  City,  on  the  2nd  day  of  March,  1909,  at  2.30  P.  M., 
upon  the  annexed  petition  of  Wagenhals  &  Kemper  and  others,  to  the  end  that  the  Commission  may  after 
such  hearing  make  an  order  directing  such  changes  in  the  tracks  mentioned  in  the  annexed  petition  as  in 
its  judgment  ought  reasonably  to  be  made  and  that  notice  of  such  hearing  be  given  to  all  parties  interested 
by  the  service  upon  them   of  a   certified   copy  of   this  order. 

TO  THE  HONORABLE  THE  BOARD  OF  PUBLIC   SERVICE  COMMISSIONERS  OF  THE  FIRST 

DISTRICT, 

154  Nassau  Street,  New  York  City. 
Gentlemen : 

The  undersigned,  taxpayers  and  business  men,  call  attention  to  the  unnecessarily  large  number  of  car 
tracks  which  now  encumber  the  surface  .of  Times  Square. 

At  any  point  between  Forty-third  and  Forty-seventh  Streets,  passing  from  one  side  of  Broadway 
to  the  other  involves  the  crossing  of  at  least  four  car  tracks,  while  at  Forty-fifth  Street,  where  the  lines 
of  the  Metropolitan  and  Third  Avenue  roads  join  each  other  and  are  connected  by  crossovers,  pedes- 
trians are  obliged  to  cross  no  less  than  six  tracks.  It  is  also  to  be  noted  that  this  group  of  tracks  is 
at  the  point  where  Times  Square  is  narrowest;  that  is,  at  the  south  side  of  Forty-fifth  Street.  The 
distance  between  curbs  at  this  point  is  only  the  width  of  Broadway — 60  feet — and  it  will  doubtless  be 
apparent  to  your  Honorable  Board  that  the  placing  of  six  car  tracks  within  this  space,  even  though 
it  were  necessary,  constitutes  an  excessive  encumbering  of  the  street  surface,  besides  resulting  in  a 
congestion  of  traffic  and  a  constant  menace  to  the  safety   of  pedestrians. 

By  the  arrangement  of  the  tracks  at  this  point  (45th  Street)  there  are  at  certain  times  two  moving 
cars  going  north  or  south  parrallel  to  each  other,  thus  making  the  crossing  a  most  dangerous  one. 
Your  commission  will  remember  the  protest  raised  in  regard  to  running  four  tracks  on  Amsterdam 
Avenue.  Certainly,  the  idea  of  having  four  tracks  on  Broadway  throughout  its  length  would  be  incon- 
ceivable, and  yet  by  the  combination  of  tracks  used  by  three  diflferent  roads  converging  at  this  point 
(45th   Street)   the  eflfect  of  four  tracks  is  produced. 

Particularly  as  it  is  not  necessary,  we  feel  that  this  condition  of  affairs  should  be  remedied  as  soon 
as  possible  and  therefore  submit  the  alternative  plan  shown  on  the  accompanying  map  for  the  dispo- 
sition of  car  tracks  in  Times  Square. 

These  changes  include  the  removal  of  the  present  Broadway  tracks  of  the  Metropolitan  system 
from  a  point  just  north  of  Forty-third  Street  to  Forty-fifth  Street  and  the  removal  of  the  tracks  of 
the  Third  Avenue  Railroad  from  a  point  just  south  of  Forty-fifth  Street  to  Forty-sixth  Street.  At 
the  southerly  end  of  Times  Square,  it  would  be  feasible  to  connect  the  Broadway  and  Seventh  Avenue 
tracks  at  a  point  midway  between  Forty-third  and  Forty-fourth  Streets,  and  at  the  northerly  end  of  the 
Square  at  a  point  near  Forty-sixth  Street. 

The  undersigned  submit  as  reasons  why  these  changes  should  be  made  the  following: 

231 


(i)  Surface  car  traffic  through  the  narrowest  part  of  Times  Square  at  Forty-fifth  Street  will  be 
confined  to  two  tracks,  instead  of  spread  out  over  six,  as  at  present,  thus  adding  probably  too  per  cent,  to 
the  amount  of  street  surface  available  for  vehicles  at  that  point  and  greatly  reducing  the  danger  to  pe- 
destrians. ... 

(2)  At  no  point  between  Forty-third  Street  and  Forty-seventh  Street  will  passage  ffom  one  side  of 
Times  Square  to  the  other  involve  the  crossing  of  more  than  four  tracks. 

(3)  These  four  tracks,  moreover,  under  the  proposed  plan,  are  at  the  broad  ends  of  the  "Square," 
where  there  is  room  for  them,  and  not  crowded  together  as  are  the  present  six  tracks  at  Forty-fifth 
Street. 


(4)  The  crossovers  and  switches  connecting  the  Broadway  and  Seventh  Avenue  Lines  will  not  be 
concentrated  at  one  point,  and  that  point  directly  in  line  with  the  traffic  of  a  crosstown  street,  as  is 
now  the  case  at  Forty-fifth  Street,  but  will  be  located — one  in  the  middle  of  the  block  between 
Forty-fifth  and  Forty-sixth  Streets. 

(5)  It  will  be  possible  to  provide  an  Isle  of  Safety  at  Forty-fifth  Street,  where  there  is  at  present 
not  sufficient  room  for  one,  and  we  are  advised  that  the  public-spirited  citizen,  whose  generosity  was 
responsible  for  the  two  Isles  of  Safety  at  Forty-fourth  Street  and  midway  between  Forty-fourth  and 
Forty-fifth  Streets  will  complete  the  group  by  the  addition   of   another   at   Forty-fifth    Street. 

(6)  All  north  and  southbound  cars  will  run  on  one  continuous  line  from  the  south  side  of  Forty- 
fourth  Street  to  the  north  side  of  Forty-fifth  Street. 

(7)  The  proposed  plan  will  not  in  any  way  interfere  with  any  route  now  in  operation  and  pro- 
vides for  the  operation  of  cars  by  all  posible  combinations  of  routes  as  far  as  the  Broadway,  Seventh 
Avenue  and  Forty-second  Street  lines  are  concerned. 

The  undersigned  respectfully  petition  your  Honorable  Board  to  take  such  action  as  may  be  neces- 
sary to  bring  about  the  foregoing  changes. 


SIGNED: 


Wagenhals  &  Kemper, 

Lincoln  A.  Wagenthals, 
Aster   Theater. 
The  Greenwich  Bank, 

1531  Broadway,  New  York  City, 
Geo.   A.    Chapman,   Mgr. 
United  Cigar  Stores  Co.,  No.  458, 

45th  St.  and  Broadway, 
E.  L.  Mapp,  Mgr. 
Chas.  E.  Rector, 
National  Conventions  Ass'n, 

1531  Broadway, 

Edward  E.  deMoyelle,  Pres. 
Daniel  J.  Mackintosh, 

1539  Broadway. 
Wm.  C.  Munchenheim,  Astor  Hotel. 
The  New  York  Theatre  Co., 

By   Klaw   &   Erlanger. 
Herman  Bach,  1538  Broadway. 
L.  H.  Rothschild  Co.,  1536  Broadway. 
Hartford  Lunch  Co., 

per  C.  R.  Keesling,  Mgr. 
City  Motor  Service, 
By  C.  A.  M.  Elbourne,  Pres. 
Wm.  Vogel  &  Son. 
232 


Travis  H.  Whitney,  Esq.,  New  York,  February  23,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 

My  dear  Sir: 

I  have  your  Hearing  Order  No.  1068  in  respect  to  the  location  of  tracks  at  Times  Square. 
My  first  impressions  are  that  it  would  be  desirable  not  only  for  the  public,  but  for  the  Com- 
panies as  well,  to  make  some  such  change  as  the  petitioners  desire. 

I  am,  however,  quite  clear  that  I  have  no  power  to  act  in  the  matter  and  I  do  not  think 
the  Commission  has  power  to  compel  me  to  abandon  any  part  of  the  property  entrusted  to  me. 
I  shall,  therefore,  not  attend  the  Hearing,  and  I  beg  that  you  will  treat  this  letter  as  an  an- 
swer from  me  at  that  time.  Should  the  Commission,  however,  conclude  to  make  any  order  in 
the  premises,  I  will  submit  it  to  the  Court  for  instructions.  I  think,  on  reflection,  you  will 
see  that  the  Court  also — although  it  has  once  or  twice,  with  the  consent  of  the  bondholders, 
authorized  me  to  make  additions  to  the  trust  property  confided  to  my  care — would  be  unwill- 
ing, even  if  the  consent  of  the  owners  of  the  property  could  be  obtained,  as  it  cannot  be,  to 
direct  that  any  part  of  that  property  should  be  abandoned.  I  trust,  therefore,  that  you  will 
see  your  way  to  postpone  any  action  on  this  business  until  after  the  foreclosure  sale  of  this 
property  and  the  reorganization    of    the  Metropolitan. 

Yours  truly, 

Receiver. 


Frederick   vv'^.  Whitridge,  Esq.,  Receiver,  New  York,  February  24,   1909. 

Dry  Dock,  East  Broadway  &  Battery  R.  R.  Co., 
42nd  St.,  Manhattanville  &  St.  Nicholas  Ave.  R.  R.  Co., 
Third  Avenue  R.  R.  Co.,  65th  St.  &  Third  Ave., 
New  York  City. 

Dear  Sir: 

The  time  is  approaching  when  it  will  be  necessary  to  put  into  use  open  cars  or  whatever  form 
of  equipment  is  to  be  used  by  you  during  the  summer  months.  The  Commission  assumes  that  you 
are  preparing  to  have  these  cars  and  equipments  put  in  first  class  operating  condition  before  the  season 
opens  and  to  keep  them  up  to  the  highest  standard  of  efficiency  while  in  use.  In  order  that  the  Commis- 
sion may  Know  what  you  are  planning  to  do,  will  you  kindly  advise  what  steps  are  being  taken  or  will 
be  taken  towards  thoroughly  overhauling  all  rolling  stock  before  the  summer  season  opens? 

Respectfully  yours, 

TRAVIS  H.  WHITNEY, 

Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  March  ist,   1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 

My  Dear  Sir: 

I  have  yours  of  the  24th  informing  me  that  "the  time  is  approaching  when  it  will  be  nec- 
essary to  put  into  use  open  cars  or  whatever  form  of  equiptiient  is  to  be  used  by  me  during  the 

233 


summer  months,"  and  stating  that  "the  Commission  assumes  that  I  am  preparing  to  have 
these  cars  and  equipments  put  in  first  class  operating  condition  and  to  keep  them  up  to  the  high- 
est standard  of  efficiency  while  in  use."  You  also  request  me,  in  order  that  the  Commission  may 
know  what  I  am  planning  to  do,  to  advise  you  "what  steps  are  being  taken  or  will  be  taken 
toward  thoroughly  overhauling  all  rolling  stock  before  the  season  opens."  I  might  easily  re- 
sent these  inquiries,  for  they  are  rather  like  asking  if  my  house  is  in  order,  but  I  suppose,  in 
view  of  the  history  of  these  companies,   I  am  bound  to  admit  that  they  are  excusable. 

I  am,  therefore,  happy  to  assure  you  that  the  Commission's  assumption — that  I  am  pre- 
paring to  have  the  open  cars  put  in  first-class  shape  and  that  I  intend  to  keep  them  in  that 
condition — is  correct. 

I  have  ordered  two  hundred  open  cars  with  P.  A.  Y.  E.  platforms  for  use  on  the  Third 
Avenue  Road,  and  I  hope  to  get  authority  to  buy  seventy-five  more  of  the  same  sort  for  use 
on  the  Broadway  Line.  Some  objections  have  been  made  to  giving  me  authority  to  make  this 
latter  purchase,  but  I  hope  nevertheless  to  get  these  cars,  although  I  find  that,  including  the  vari- 
ous daily,  monthly,  quarterly,  semi-annual  and  annual  reports  to  your  honorable  body,  I  am 
compelled  to  make  no  less  than  6,044  several  reports  yearly,  and  this  I  think  you  will  agree  not 
only  limits  the  amount  of  time  my  office  can  give  to  the  running  of  the  road,  but  still  more 
limits  the  amount  of  time  I  can  devote  to  persuading  people  who  object  to  my  proposals  that 
they  ought  to  withdraw  their  objections.  If,  however,  they  are  withdrawn  or  obviated,  I  shall 
have  275  new  cars  of  the  type  I  mention  in  operation  upon  the  Third  Avenue  and  42nd  Street 
Lines,  and  I  shall  have  two  hundred  in  any  case. 

As  to  the  old  cars,  the  work  which  I  am  doing  in  respect  thereto  is  substantially  as  fol- 
lows: The  182,  twelve  bench,  double  truck,  open  cars  were  thorou^ly  overhauled  and  re- 
painted during  the  months  of  April  and  May  of  last  year,  and  50  twelve-bench,  double-truck, 
open  cars  were  delivered  to  us  new  during  the  month  of  July  last  year;  32  of  the  overhauled 
cars  are  going  through  the  General  Repair  Shop  at  the  present  time,  and  beginning  with  March 
1st,  all  these  open  cars  will  be  turned  out  of  the  shop  at  the  rate  of  four  per  day,  until  the  232 
cars  have  been  thoroughly  overhauled,  which  will  be  about  the  first  or  second  week  in  May. 

100  of  the  old  cars  will  be  repainted  and  varnished,  and  the  remaining  82  old  cars,  and 
50  new  ones,  will  be  thoroughly  cleaned  and  revarnished.  The  trucks  and  motors  of  all  cars 
are  being  put  through  the  new  truck  repair  shop  and  thoroughly  overhauled,  all  defective  parts, 
such  as  worn  wheels,  gears,  pinions,  brake  shoes,  bolts,  etc.,  are  being  removed  and  replaced. 
All  bearings  are  being  repacked.  The  brush  holder  tension  is  being  readjusted,  the  fields,  arma- 
ture and  electrical  apparatus  in  general  is  being  tested  and  repaired  when  found  necessary.  The 
controllers,  resistance,  light  circuits,  cables  and  all  other  wiring  on  the  car  bodies  is  being  given 
a  very  careful  inspection.     All  circuit  breakers  are  being  recalibrated. 

The  car  bodies,  curtains,  seat-s,  steps,  etc.,  are  being  thoroughly  overhauled  by  the  wood- 
working force,  and  all  defective  parts,  such  as  warped  steps,  torn  curtains,  etc.,  are  being 
removed  and  replaced. 

In  order  to  maintain  our  present  high  standard  of  efficiency  on  this  equipment  during  the 
summer  months,  all  the  cars  will  be  given  a  casual  inspection  by  the  pit  men,  once  every  24 
hours.  Brakes,  controllers,  motors,  etc.,  are  to  be  inspected  at  the  end  of  every  1,000  car  miles. 
At  the  end  of  10,000  car  miles,  the  car  will  again  be  put  through  the  new  truck  repair  shop, 

234 


where  the  trucks  and  motors  will  be  given  a  general  overhauling,  all  bearings  repacked,  and 
all  defective  parts  replaced. 

In  short,  we  are  endeavoring  to  do  everything  consistent  with  good  judgment,  and  a  rea- 
sonable expenditure  of  money,  to  maintain  these  cars  in  the  best  possible  condition,  as  I  ven- 
ture to  think  you  might  reasonably  have  supposed  we  would. 

Yours  very  truly, 

Receiver. 


Frederick  W.   Whitridge,   Esq.,  New   York,   March  2,    1909. 

Receiver,   42nd    St.,    Manhattanville   &   St.    Nicholas  Av.  R.   R., 
Third  Avenue  and  65th   Street, 

Dear  Sir: 

I  refer  herewith  for  your  information  copy  of  a  communication  from  Joseph  R  Darling,  116  Nassau 
Street,  which  may  be  of  interest  to  you  as  indicating  certain  dissatisfaction  with  your  answer  dated 
February  23rd   to  his   complaint  dated   February  20th. 

Yours   very  truly, 
GFD/CWT  TRAVIS  H.  WHITNEY, 

C — 3203  Secretary. 

End. 

JOSEPH  F.  DARLING, 

Attorney  and  Counsellor  at  Law, 

116  Nassau  Street,  New  York. 

Feb.  24th,   1909. 
To  the  Hon.  The  Public  Service  Commission  for  the  First   District : 

I  beg  to  notify  you  that  the  answer  of  Receiver  Whitridge  of  the  23rd  instant  to  my  complaints  of 
the  i6th  and  the  20th  instants,  does  not,  in  my  opinion,  satisfactorily  explain  the  complaints,  and  I  take 
exception  to  the  said  answer,  as  filed  by  the  Receiver. 

1st — Because  by  not  controverting  my  statement  that  the  transfer-slips  of  the  Third  Avenue  Railroad 
Company  falsely  represent  that  there  is  a  transfer  at  iioth  Street,  when,  as  he  admits,  there  is  not, — 
he    justifies    my    complaint ; 

2nd — Because  he  does  not  state  why  neither  horse-cars,  or  any  other  cars  are  running  on  iioth  Street, 
and   does   state   that   all   car   service   is   substantially  abandoned,   thus  justifying  my  complaint; 

3rd — Because  his  explanations  contain  personal  and  unofficial  matter  aside  from  the  justice  and  strictly 
legal  aspect  of  the  complaint,  and  this  extraneous  matter,  irrelevantly  injected  into  a  return  which  is  prac- 
tically made  in  default  of  any  answer,   is  improper   and   should   be   stricken   out. 

In  reference  to  the  irrelevant  sentiments  of  Mr.  Receiver  Whitridge,  there  is  a  satisfaction  that 
a  Receiver  is  not,   in  this  case,  apparently,  like  a  corporation,   soulless   and   unkickable. 

To  the  sentiment  of  sorrow  that  he  expresses  for  the  unlucky  passenger  who  relies  on  the  false  state- 
ment on  the  transfer,  I  would  reply  that  fairness  to  the  passenger  by  the  Receiver  will  obviate  this 
sorrow.  If  the  transfers  of  the  Receiver  told  the  truth,  or,  in  case  the  car-service  promised  by  the  transfer- 
slips  were  present  instead  of  being,  as  they  are,  entirely  absent,  the  grief  of  the  Receiver  would  be 
spared. 

In  regard  to  his  feeling  of  surprise  at  my  ignorance  of  the  geography  of  the  town  (?!),  I  admit 
that  my  ignorance  of  how  to  read  transfer-slips  has  been  cured  by  means  of  the  method  that  many  persons 
have  been  obliged  to  employ,  viz. :  by  waiting  in  the  rain  for  the  promised  car  and  then  inquiring  around 
the  neighborhood  as  to  whether  the  failure  of  the  cars   to   run   is   an    accident   or   an   institution. 

The  kind  hopes  of  Mr.  Whitridge  as  to  how  soon  the  representations  on  the  transfer  slip  will  be  made 
truthful,    exhibit    a    touching   benevolence,    worthy   of  all  our  respect. 

The  lofty,  condescending  tone  of  this  servant  of  the  people,  who  is  indifferent  to  the  misrepresentation 
on  the  transfers  that  seems  fairly  imputable  to  him,  is  obnoxious  to  Americans,  who  expect  neither  super- 
ciliousness   nor    cringing    in    dealing    with    the    public,   on   the  part  of  their  public  officials. 

235 


,,  The.  mpral  eminence  from  which  the  .Receiver  views  the  trifling  and  negligible  inconveniences  of 
passengers,  seems  curiously  analogous  to  the  altitudinous  regions  where  the  high-financiers  manufacture 
the  spurious  securities  that  have  caused  all  the  troubles  of  the  surface  lines.  There  is  something  so 
remote  and  independent  in  the  situation  of  all  who  have  had  to  do  with  giving  street-car  service  to  New 
Yorkers!  Could  the  strength  of  the  Receiver  be  considered  in  some  way  as  merely  a  continuation  of  the 
strengtli   of   the   jugglers   of   these   securities? 

Accepting,  for  the  sake  of  argument,  that"  the  Receiver  should,  as  such,  omit  the  surplus  of  moral 
sentiments  that  he  does  in  this  case  and  from  time  to  time  in  other  connections,  why  not  omit  them  on 
tehalf  of  the  passengers  instead  of  in  such  a  way  as  to  accrue  to  the  benefit  of  those  that  the  moralizing 
Receiver  knows  have  oppressed  and  are  oppressing  passengers,  viz.:  of  those  who  have  juggled  with  the 
securities  and  property  of  the  railroads  in  the  Receiver's  hands?  If  the  extraneous  moral  sentiments  are 
in  order,  why  not  expend  them  on  the  absence  of  common  honesty  in  railroad  management,  instead  of  on 
the  absence  of  a  knowledge  of  geography  and  the  interpretation  of  transfers?  Why  not  put  in  the  adver- 
tising space  of  the  cars,  "THOU  SHALT  NOT  STEAL  RAILROADS,  EXTORT  HIGH  FARES  TO 
PAY  FRAUDULENT  SECURITIES  AND  FALSELY  FIXED  CHARGES,  NOR  ISSUE  SUCH  SE- 
CURITIES"?    Here  is  a  field  for  a  moralist,  indeed. 

Why  further  discourage  complaints  of  a  people  already  convinced  of  the  futility  of  complaining?  Why 
not  investigate  from  the  beginning  who  are  the  authors  of  the  public  service  situation,  if  there  is  any  more 
voluntary  and  supererogatory  moralizing,  and  sentimentalizing  to  spare?  The  discretion  of  the  annointed 
impeccability  of  the  Receiver  is  so  wide,  that  there  is  no  doubt  a  good  reason  and  answer,  but  we 
would  like  to  know  them.  Discrimination  against  the  passengers  and  the  public  and  in  favor  of  the 
owners  of  a  vested  right  in  a  flagrant  and  continuing  wrong,  is  something  that  we  would  like  explained, 
when   it  comes  to  selecting  the  objects  of  the  Receiver's  censure. 

Wendell  Phillips'  description  of  one  sycophant  of  special  privilege  was  that  he  ran  to  do  the  dirty 
work  of  his  masters  before  he  was  told.  As  the  function  of  the  Receiver  is  to  preserve  the  assets  of 
his  company  and  to  continue  the  rights  and  duties  of  the  same  under  order  of  the  Court,  his  lectures 
to  passengers  will,  or  should  be  succeeded  by  lectures  to  those  guilty  of  moral  if  not  legal  larceny  in 
the  history  of  his  roads".  Thus,  and  only  thus,  can  he  establish  a  reputation  as  being  an  impartial  censor 
of  the  moralities  of  all  parties  to  the  traction  situation. 

Returning  to  the   issue,   as   disregarding  the   irrelevant    considerations    that    the    Receiver    has    invited, 

I  beg  to  ask  that  the  service  on  the  iioth  Street  Line   be    restored    immediately,    or    reason    shown;    and 

transfers  conform  to  the  truth. 

Yours   respectfully, 

(Signed)    JOSEPH   F.  DARLING. 

Travis  H.  Whitney,  Esq.,  New  York,  March  3rd,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 
My  Dear  Sir: 

I  have  yours  of  the  2nd  enclosing  a  communication  from  Mr.  Joseph  F.  Darling,  which 

certainly  indicates  some  dissatisfaction  on  his  part  with  my  letter  of  February  23rd.    I  read  his 

communication  with  interest.     I  am  able  to  extract  nothing  from  it  to  my  credit,  except  that 

he  agrees  that  I  am  neither  soulless  nor  "unkickable."     If  you  want  me  to  have  any.  further 

communications  with  him,  let  me  know. 

Yours  truly. 

Receiver. 

Frederick  W.  Whitridge,  New  York,  March  2nd,  1909. 

Rec.  42nd  St.,  Manhattanville  &  St  Nicholas  Ave.  R.  R.  Co., 
65th  St.  &  3rd  Av.,  N.  Y.  City. 

Dear  Sir: 

I  beg  to  transmit  herewith  copy  of  Rule  XXVI,  adopted  February  23rd,  1909,  to  be  added  to  the  rules 
of  procedure  of  the  Public  Service  Commission  for  the  First  District. 

236 


This  rule  governs  all  applications  for  extensibn  of    time    to    file    reports    required    by    the    Commission, 

and  is  effective  at  once. 

Very   truly   yours, 

WJN/EAR  .  TRAVIS  H.  WHITNEY, 

Enc.  Secretary. 


RULE  XXVI.  OF  THE  RULES  OF  PROCEDURE  OF  THE  PUBLIC  SERVICE  COMMISSION  FOR 
THE  FIRST  DISTRICT,  ADOPTED  FEBRUARY  23,  1909, 

Governing  Application  for  Extension  of  Time  to  File  Reports. 

RULE  XXVI. — Application  for  Extension  of  Time  for  Making  and  Filing  of  Reports. — An  application 
by  any  corporation  or  person  for  an  extension  of  the  time  within  which  it  is  required  to  make  and  file 
any  report  with  the  Commissitjn  shall  be  in  writing,  by  verified  petition,  filed  before  the  expiration  of 
the  period  extension  of  which  is  deemed  necessary,  and  setting  forth  in  detail  (i)  what,  if  any  effort  has  been 
made  by  the  applicant  to  prepare  such  report;  (2)  any  facts  tending  to  show  why  the  said  report  cannot 
be  made  and  filed  within  the  time  prescribed;  (3)  any  other  facts  which  may  make  an  extension  of  time 
necessary  or  proper;  (4)  the  further  period  of  time  deemed  necessary  by  the  applicant  witliin  which  to 
make  and  file  such  report.  The  Commission  may  hold  a  hearing  upon  said  petition  and  in  that  event  the 
applicant  shall  attend  'before  the  Commissioner  presiding  and  produce  such  witnesses  and  documents  in 
the   matter   as   the   Commission   shall   require. 

New  York,  March  3rd,  1909. 
Travis  H.  Whitney,  Esq.,  ■-> 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  City. 

My  Dear  Sir: 

I  have  yours  of  the  2nd  enclosing  Rule  26  in  respect  to  adjournments  for  making  reports, 

for  which  I  am  much  obliged  to  you. 

Yours  truly. 

Receiver. 


New  York,  March  3,  1909. 

F.    W.    Whitridge,    Esq..    Receiver, 

Third  Avenue  Railroad  Company, 

i6sth   St.  &  Third  Ave.,  New  York. 

Dear  Sir: 

Relative  to  the  specification  for  the  two  hundred  new  pay-as-you-enter  cars.  I  am  instructed  to  send 
you  the  following  copy  of  a  report  made  by  the  Electrical   Engineer  of  this   Commission : 

"In  re  specifications  200  new  P.  A.  Y.  E^ 
Convertible   Cars — Third   Ave.    RR.    Co, 

"Referring  to  the  specification  furnished  by  the  Receiver  of  the  Third  Avenue  Railroad  under  date 
of  February  8th,  covering  the  two  hundred  new  P.  A.  Y.  E.  Convertible  Cars  ordered  some,  three  weeks 
since   for  that   road,   the   following  comments   are   returned : 

"ist. — The  specifications,  together  with  the  prints  which  accompanied  them  are  concise  and  clear,  except 
in  the  matter  of  the  air  brakes,  of  which  the  type  is  left  entirely  indeterminate,  and  regarding  the  manner 
of  their  connection  with  truck  rigging,  and  with  the  hand  brakes,  no  information  is  included.  Likewise 
the  clearance  of  the  sand  box  above  the  rail  is  not  given  and  the  location  of  the  headlight  is  yet  ta 
be  determined. 

237 


"2nd. — It  is  noted  that  these  cars,  like  those  of  the  previous  order  of  P.  A.  Y.  E.  cars  for  these  lines, 
are  equipped  with  maximum  traction  trucks  and  2-niotor  equipments,  regarding  which  this  Bureau  contends 
that  the  disposal  of  any  considerable  proportion  of  the  load  upon  non-driven  wheels  is  but  a  sacrifice  of 
track  adhesion  which  cannot  but  tend,  under  frequent  conditions,  to  lessen  the  reliability  of  service  and  to 
aggravate  the  congestion  of  public  thoroughfares  already  overcrowded  and  by  increased  wheel  blow  multiplies 
the  production   of  noisy   rail  joints. 

"3rd. — There  are  noted  several  special  features  in  these  cars,  such  as  the  stepping  of  the  corner  posts, 
etc.,  that  tend  to  increase  the  safety  of  passengers  and  to  prolong  the  life  of  the  car,  but  the  arrange- 
ment of  the  conduits  for  all  the  underbody  wiring  is  particularly  to  be  commended  as  evidencing  careful 
and    successful    effort    towards    simplicity    and    reliability. 

"It  is  not  believed  that  cross  seats  and  a  two-foot  aisle  are  well  adapted  to  the  short  travel  on  these 
lines. 

"Attached  please  find  blue  prints  as  mentioned  in   this   report." 

Very   truly   yours, 
THW/EH  TRAVIS  H.  WHITNEY, 

Secretary. 

Travis  H.  W^hitney,  Esq.,  New  York,  March  4,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 
My  Dear  Sir: 

I  have  yours  of  the  3rd  containing  copies  of  the  report  from  the  electrical  engineer  of 
the  Commission  upon  Ihe  new  200  convertible  cars  of  this  company.  I  am  glad  to  see  that  in 
main  he  approves  of  them. 

What  he  says  about  the  maximum  traction  trucks  and  two-motor  equipments,  I  made 
a  full  answer  to  last  September  in  respect  to  his  detailed  objections  to  the  150  Pay-as-you- 
Enter  cars  now  in  use  on  Third  Avenue,  and  to  my  letter  containing  that  answer,  I  have  never 
received  a  reply.  I  have  learned  in  conversation  with  some  of  your  Honorable  Body  that 
there  has  been  some  congestion  at  the  Amsterdam  Avenue  Hill,  which  you  suppose  to  be 
caused  by  my  failure  to  heed  the  criticisms  then  made  by  your  assistant  electrical  engineer,  con- 
firmed by  your  electrical  engineer,  and  so  on.  As  a  matter  of  fact,  there  never  has  been  any 
congestion  at  that  point  at  all,  except  what  was  caused  by  the  obstruction  of  the  tracks  by  coal 
wagons,  and  I  found  that  the  cars,  so  far  from  being  inefficient  on  that  hill  in  stormy  weather 
and  snowy  weather  were  actually  being  used  by  drivers  of  these  coal  wagons  to  push  their  carts 
up  the  hill.     That  is  to  say,  coal  carts  being  on  the  tracks,  they  declined  to  get  off  until  the 

cars  actually  pushed  them  up  the  hill. 

Yours  truly, 

Receiver. 


Frederick  W.   Whitridge,   E^q.,  New   York,   March   2,    1909. 

Receiver,   Third   Avenue   Railroad   Company, 
Third   Avenue  and  65th   Street, 
New  York  City. 
Dear  Sir: 

On  February  23rd  at  8:40  a.  m.  an  unknown  man  was  knocked  down  and  killed  at  47th  Street  and 
Third  Avenue  by  car  No.  839  of  the  Third  Avenue  Railroad  Company.  The  affair  was  reported  in 
detail  in  the  newspapers  of  the  same  afternoon,  and  at  4:40  p.  m.  your  Claim  Department  was  called  up  and 
requested  to  report  it. 

238 


By   the   terms   of   order    No.    i    of   the    Commission  the  accident  should  have  been  reported  immediately. 

An  examination  of  the  accidents  reported  in  detail  by  the  Receiver  of  the  Third  Avenue  Railroad 
Company  during  1908  shows  the  average  elapsed  time  between  the  happening  of  the  accident  and  the 
receipt  of  report  to  have  been  three  hours  and  three  minutes.  A  similar  examination  of  the  reports  of 
other  operating  companies  shows  an  average  elapsed  time  varying  from  forty-five  minutes  to  one  hour 
and  fifty-two  minutes. 

As  the  records  show  that  the  companies  generally  are  able  to  comply  with  order  No.  i  fo  the 
extent  of  making  reports  within  about  one  hour  q£  the  happening  of  the  accident,  it  seems  proper  to  ask 
you  for  a  statement  setting  forth  the  reasons,  if  any  exist,  why  the  order  cannot  be  complied  with  by 
you  in  the  same  manner. 

Yours  very  truly, 

GFD/CWT  TRAVIS  H.  WHITNEY, 

Secretary. 


New  York,  March  4,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  PubHc  Service  Commission, 

154  Nassau  Street,  City. 

My  dear  Sir: 

I  have  yours  of  the  2nd  instant  in  respect  to  the  reporting  of  accidents  by  this  force  here. 
Our  instructions  are  to  report  them  immediately,  and  immediately,  in  my  mind,  means  as  soon 
as  they  have  got  the  information  which  is  necessary  for  this  office.  I  think  it  may  be  that,  as 
the  Claim  Department  of  the  Metropolitan  System  is  more  centrally  situated  than  mine,  they 
may  be  able  to  make  better  time  in  getting  their  facts,  and  I  know  of  no  other  reason  why  we 
should  not  do  better  in  this  matter,  as  in  everything  else  (this  last  remark  is  not  for  publica- 
tion), and  I  have  instructed  my  people  to  be  more  diligent  in  the  future. 

Yours  truly. 

Receiver. 


Frederick  W.  Whitridge,  Esq.,  New  York,  March  5,  igoQ. 

Receiver,   Third   Avenue   Railroad   Company, 
65th  Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir: 

Messrs.  Marwick,  Mitchell  &  Company's  accountants  have  been  in  conference  with  the  Commission's 
accountants,  and  made  note  of  the  corrections  to  be  made  in  the  reports  which  they  filed  on  behalf  of  the 
Third  Avenue  companies.  After  making  such  corrections  in  your  office  copies  they  will  obtain  the  reports 
filed  here  and  complete  the  same  and  deliver  them  to  you  and  the  officers  of  the  companies  for  verification. 
The  regular  form  of  oath  contained  in  the  report  blank  should  be  taken  by  the  corporation  officers,  and  the 
Counsel  of  the  Commission  has,  as  I  understand  it,  transmitted  to  your  attorneys  a  form  of  verification  for 
your  use  as  Receiver. 

Upon  the  completion  of  the  ten  reports  already  filed  there  will  still  be  lacking  a  report  for  the  Third 
Avenue  Railroad  Company  as  a  lessor  corporation.  Such  report  should  contain  the  particulars  called  for  as 
to  capital  accounts,  security  issues,  organization,  balance  sheet,  and  other  matters  down  to  the  income  ac- 
count. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
AFW/ARB  Secretary. 

Copy  to  Messrs.   Marwick,  Mitchell  &  Co., 
Copy   to   George   S.   Coleman.   Esq. 

239 


New  York,  March  8,  1969. 
Travis  H.  Whitney,  Esq.,  ; 

Secretary,  PubHc  Service  Commission, 

154  Nassau  Street,  City. 

My  dear  Sir: 

I  have  yours  of  the  5th  in  respect  to  the  reports  which  have  been  prepared  by  Messrs.  Mar- 
wick  &  Mitchell.  In  respect  to  the  regular  form  of  oath  to  be  made  by  the  corporation  officers, 
I  hope  you  will  not  forget  that  I  have  nothing  to  do  with  those  gentlemen,  and  do  not  know  who 
they  are  in  most  cases  and  have  no  authority  over  them.  So  far  as  I  am  concerned,  I  am  pre- 
pared to  make  the  form  of  verification  transmitted  to  me  by  my  attorneys. 

In  respect  to  the  Third  Avenue  report,  I  understand  that  the  organization  of  the  Third 
Avenue  Railroad  Company  is  still  being  maintained.  The  secretary  is  Mr.  John  M.  Perry,  55 
William  Street.  I  have  no  record  and  no  knowledge  of  the  names  of  any  of  the  officers  of  the 
Company  or  of  the  directors.  I  cannot  make  the  report  for  this  Company  as  it  should  be  filed 
by  the  secretary  thereof,  and  I  understand  he  cannot  compile  it  for  the  reason  that  he  is  not  in 
possession  of  the  books.  If,  as  I  understand,  the  Commission  has  ruled  that  reports  should  be 
made  by  the  persons  who  have  the  books,  then  this  report  should  be  prepared  by  the  Receivers 
of  the  Metropolitan  who  still  have  the  Third  Ave.  books.  Perhaps  if  the  Commission  will  com- 
municate with  Mr.  Perry,  he  may  be  able  to  obtain  access  to  those  books  and  compile  and  verify 
the  report,  which  I  suppose  must  necessarily  be  a  copy  or  nearly  so  of  that  filed  in  1907.     I 

am  entirely  helpless  in  the  matter. 

Yours  truly, 

Receiver. 


Mr.  F.  W.  Whitridge,  Receiver,  New  York,  March  8th,   1909. 

Third  Avenue  Railway  Company, 

65th  Street  and  Third  Avenue,  New  York. 

My  dear  Mr.  Whitridge: 

I  have  had  a  few  days'  siege  of  tonsilitis,  and  am  just  able  to  reply  to  your  letter  of  March  2nd.  Of 
course,  we  shall  be  glad  to  receive  the  changes  you  may  wish  to  make  in  the  stenographer's  minutes,  and  if 
you  will  send  them  to  me,  I  will  see  that  they  are  put  in  the  hands  of  the  proper  person. 

Very  sincerely, 

MILO  R.  MALTBIE, 
MRM/EMH  Commissioner. 


New  York,  March  11,  1909. 
Milo  R.  Maltbie,  Esq., 

Public  Service  Commission,  ,         , 

154  Nassau  Street,  City. 

Dear  Mr.  Maltbie: 

I  have  yours  of  the  8th  and  I  am  sorry  that  you  have  been  laid  up  with  tonsilitis.  I 
wrote  about  the  testimony  because  I  have  received  a  good  deal  of  testimony  and  it  looked  to  me 
as  if  the  thing  was  assuming  large  dimensions  and  as  if  there  might  be  subsequent  proceedings 

240 


which  would  require  the  printing  of  this  record.     I  think  your  stenographer  sent  me  copy  of  my 

testimony,  but  I  cannot  find  it  and  I  shall  be  obliged  if  you  will  send  me  another  one,  then  I 

will  correct  it. 

Yours  truly, 

Receiver. 

New  York,  March  lo,  1909. 
Frederick  W.  Whitridge,  Esq., 

Receiver  42nd   Street,   Manhattanville  &  St.   Nicholas  Avenue   Railroad  Company, 
65th   Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir : 

On  February  25th  I  transmitted  to  you  a  copy  of  a  complaint  of  Mrs.  L.  E.  Fuller,  226  West  75th 
Street,  in  reference  to  misleading  destination  signs  and  misleading  information  furnished  by  conductors  on 
certain  cars  of  the  Broadway  and  42nd  Street  line. 

The  letter  of  transmittal  called  for  an  answer  by  March  8th,  but  no  reply  has  been  received. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
GFD/CWT  Secretary. 

C-3217 


New  York,  March  11,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  City. 

Dear  Sir: 

I  have  your  letter  of  March  loth  in  respect  to  complaint  of  Mrs.  L.  E.  Fuller.  This  is 
the  first  knowledge  I  have  of  Mrs.  Fuller's  complaint,  as  your  letter  of  February  25th  has 
not  been  received.  If  you  will  be  good  enough  to  send  me  a  copy  of  that  letter,  together  with 
the  complaint,  I  shall  be  happy  to  give  same  careful  attention. 

Yours  truly, 

Receiver, 


New  York,  March  12th,  1909. 
Mr.   F.   W.   Whitridge,   Receiver, 

Third  Avenue  Railway  Company, 

65th  Street  and  Third  Avenue,  New  York. 

My  Dear  Mr.  Whitridge : 

I   am   sending  herewith   my   copy   of   the   evidence   taken   at  the   fender   hearings,    so   far  as   it  contains 
statements  by  you.     I  have  not  sent  you  the  whole  record,  as  you  will  see. 

Kindly  return  to  me  whenever  convenient.     I  will  see  that  the  corrections  are  transcribed  to  the  office 
copy. 

Very  sincerely, 

MILO  R.  MALTBIE, 

Commissioner. 
MRM/EMH 

241 


New  York,  March  17,  1909. 
Milo  R.  Maltbie,  Esq., 

Public  Service  Commission, 

154  Nassau  Street,  City. 

My  Dear  Mr.  Maltbie: 

I  have  yours  of  the  12th  for  which  I  am  very  much  obliged  to  you.  I  have  gone  over  the 
testimony  which  you  were  good  enough  to  send  me  and  have  made  the  corrections  in  it  which 
make  it  read  at  least  grammatically  and  I  think  more  intelligently  without  changing  the  sense. 

In  respect  to  the  two  franchises  which  are  to  come  up  before  you  this  week,  if  there  is 
anything  you  want  me  to  do  in  respect  thereto,  beyond  having  a  formal  appearance  by  my  attor- 
ney, I  shall  be  very  glad  if  you  would  let  me  know  and  I  will  do  it. 

Pray  accept  my  thanks  and  believe  me. 

Yours  very  truly. 

Receiver. 


Frederick  W.   Whitridge,   Esq.,  New  York,  March  15,  1909. 

Receiver  42nd  St.,   Manhattanville  &  St.   Nicholas  Av.  R.  R.  Co., 
6sth  Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir:  ' 

The  Public  Service  Commissioner  for  the  First  District  has  received  the  communication  from  Mrs.  L. 
E.  Fuller  of  226  West  75th  Street,  New  York  City,  a  copy  of  which  is  herewith  sent  to  you  for  your  in- 
formation and  such  investigation  as  you  may  wish  to  make. 

It  may  be  that  this  is  an  isolated  case,  or  one  which  is  due  to  some  defect  in  your  organization  or 
service,  which  the  Commission  ought  officially  to  investigate,  but  preliminary  thereto,  the  Commission  desires 
your  explanation  thereof. 

Please  answer  hereto  to  this  Commission  by  the  26th  day  of  March,  sending  a  copy  of  your  answer 
to  the  complainant,  at  the  above  address,  who  has  been  requested  to  reply  thereto  within  ten  days  thereafter. 

Yours  very  truly, 
GFD/CWT  TRAVIS  H.  WHITNEY, 

End.  Secretary. 

C-3217 


February  19,  1909. 
Office  of 

PUBLIC  SERVICE  COMMISSION. 
Dear   Sirs : 

This  afternoon  about  two-thirty  I  got  on  a  Broadway  car  at  75th  Street,  and  as  it  was  marked  42nd 
Street,  asked  for  a  transfer  that  would  permit  of  my  getting  to  34th  Street  and  Sixth  Avenue.  The  con- 
ductor gave  it  to  me  and  told  me  to  take  the  car  directly  behind  the  one  I  was  on — and,  as  it  was  marked 
34th  Street — concluded  it  was  all  right  and  did  not  ask  any  questions  until  I  heard  another  woman  anx- 
iously asking  how  she  was  going  to  get  below  42nd  Street.  Then,  upon  saying  to  the  conductor  that  his  car 
was  distinctly  marked  34th  Street  and  that  the  conductor  of  the  car  ahead  told  me  to  take  that  car,  he  in- 
formed me  that  he  could  not  help  what  was  told  me,  and  that  his  car  left  Broadway  at  42nd  Street,  and 
that  if  I  wanted  to  go  further  down,  it  would  be  necessary  for  me  to  pay  another  fare,  which  of  course  I 
was  obliged  to  do.  The  34th  Street  car  was  No.  575  and  the  conductor's  number  was  1072.  I  am  afraid 
that,  much  against  my  inclination  and  republican  loyalty,  that  I  must  agree  with  three  young  men  whom  I 
heard  talking  Sunday  afternoon,  that  the  P.  S.  C.  is  costing  us  many  an  extra  dime. 

(Signed)    ELIZABETH  M.  FULLER. 
242 


New  York,  March  17,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  PubHc  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  your  letter  of  the  15th,  enclosing  the  complaint  of  Mrs.  L.  E.  Fuller,  and  in  reply 
thereto  I  beg  to  enclose  you  copy  of  the  report  of  my  superintendent,  Mr.  Roosevelt,  upon  the 
occurrence.  Apparently,  Mrs.  Fuller  made  a  mistake,  which  I  regret,  and  in  so  far  as  the  rail- 
road is  concerned,  we  endeavor,  through  the  conductors,  to  prevent  passengers  from  making  such 

mistakes. 

Yours  truly, 

Enclosure :  Receiver. 


New    York,    March    16,    1909. 
Frederick  W.   Whitridge,   Esq., 
Receiver, 

Dear  Sir: 

In  answer  to  the  enclosed  complaint  from  Elizabeth  M.  Fuller,  of  226  West  75th  Street,  N.  Y.  City, 
which  was  referred  to  Mr.  Roosevelt  for  his  attention,  he  has  submitted  the  following: 

"I  judge  from  Mrs.  Fuller's  letter  she  got  on  the  42nd  Street  Broadway  Car  and  asked  the  conductor 
for  a  transfer,  which  he  gave  her.  This  transfer  was  good  only  at  65th  St.  &  Broadway  for  a  south 
bound  6th  Avenue  car. 

"Instead  of  transferring  at  this  point,  the  lady  seems  to  have  continued  down  to  42nd  St.,  and  then 
tried  to  take  the  car  behind,  which  was  a  Broadway  car  bound  for  34th  St.  Ferry  and  marked  34th  St. 
Ferry. 

"The  conductor  No.  1072  mentioned  in  this  complaint  has  no  recollection  of  the  incident,  and  says 
that  he  is  always  careful  to  call  out  6sth  Street  as  a  transfer  point." 

Yours  very  truly, 
E.A.M./K.  Edward   A.   Maher, 

General  Manager. 


New  York,  March  17,  1909. 
Mrs.  L.  E.  Fuller, 

226  West  75th  Street, 

New  York  City. 

Dear  Madam: 

I  enclose  to  you  herewith  copy  of  my  letter  to  the  Public  Service  Commission  in  respect 
to  your  complaint  of  February  19th,  which  I  only  received  yesterday.  I  very  much  regret  that 
you  should  have  been  inconvenienced  and  I  am  inclined  to  think  that  it  was  not  the  fault  of  the 
conductor.     We  endeavor  to  take  every  pains  to  prevent  such  inconvenience  to  passengers. 

Yours  truly. 

Receiver. 

Enclosures : 

243 


New  York,  March  19,  1909. 
Frederick  W.  Whitridge,  Esq.,  Receiver, 

Third  Avenue  Railroad  Company, 

65th  St.,  &  Third  Ave.,  New  York. 

Dear  Sir: 

By  direction  of  the  PubHc  Service  Commission  I  have  to  advise  you  that  the  Commission  has  de- 
termined not  to  proceed  with  the  matter  of  the  application  of  the  Third  Avenue  Railroad  Company 
for  the  approval  of  the  so-called  Fort  George  extension  until  assurances  in  writing  are  received  from 
the  company  or  its  receiver  that  all  work  on  this  extension  has  stopped  and  that  it  will  not  be  proceeded 
with  until  the  application  before  the  Commission  has  been  approved. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
THW/EH  Secretary. 


New  York,  March  20th,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  PubHc  Service  Commission, 

154  Nassau  Street,  City. 

My  dear  Sir: 

I  have  your  letter  of  the  19th  informing  me  that,  by  the  direction  of  the  PubHc  Service 
Commission,  you  have  to  advise  me  that  "it  has  determined  not  to  proceed  in  the  matter  of  the 
appHcation  of  the  Third  Avenue  Railroad  Company  for  the  approval  of  the  so-called  Fort 
George  extension  until  assurances  in  writing  are  received  from  the  Company  or  its  Receiver 
that  all  work  on  this  extension  has  stopped,  and  that  it  will  not  be  proceeded  with  until  the 
application  before  the  Commission  has  been  approved." 

In  reply  thereto  I  beg  to  say  that  I  am  happy  to  give  you  the  assurances  which  you  de- 
sire, qualified  only  by  the  statement  that  I  expect  the  application  before  the  Commission  to  be 
acted  upon  without  unreasonable  delay. 


Yours  truly, 


Receiver. 


New  York,  March  22,  1909. 
Frederick  W.  Whitridge,  Esq.,  Receiver, 
Third  Avenue  Railroad  Company, 

165th  Street  &  Third  Ave.,  Manhattan. 

Dear  Sir: 

A  number  of  complaints  have  been  received  by  the  Commission  relative  to  the  service  on  the  iioth 
St.  Crosstown  line.  The  service  complained  of,  it  is  recognized,  cannot  be  materially  bettered  without 
a  change  of  motive  power.  In  order  that  this  office  may  be  better  able  to  handle  such  complaints  as 
to  this  line,  and  the  other  lines  now  operated  as  horse  car  lines,  it  will  be  a  favor  if  you  can  inform 
this  office  as  to  the  probable  date  by  which  time  you  are  expecting  to  have  the  self-propelling  cars  de- 
veloped so  that  substantial  improvement  in  service  may  be  made  on  these  lines. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 

Secretary. 
THW/EH 

244 


Travis  H.  Whitney,  Esq.,  New  York,  March  24th,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  Dear  Sir: 

I  have  yours  of  the  22nd  in  respect  to  the  iioth  Street  Crosstown  Line.  I  have  two  ex- 
perimental self-propelling  cars  in  process  of  construction,  and  the  builders  have  promised  me 
both  of  them  this  month.  The  month  is  so  nearly  drawing  to  its  end  that  I  am  beginning  to 
be  skeptical  as  to  when  I  shall  get  them,  but  when  they  come,  one  I  shall  put  on  the  iioth 
Street  Line,  and  if  I  find  that  either  meet  the  expectations  of  the  contractors  and  inventors,  I 
am  prepared  to  order  a  considerable  number  for  service  on  some  of  my  horse  car  lines. 

I  shall  also  be  prepared,  if  I  can  get  the  Public  Service  Commission  to  define  its  attitude 

in  respect  to  transfers,  to  put  a  considerable  number  in  service  on  other  lines  in  this  City,  as 

to  which  I  refer  you  to  my  testimony  before  the  Public  Service  Commission  at  the  Hearing  in 

the  59th  Street  case. 

Yours  truly. 

Receiver 


COPY 

1 282- 1 284  Webster  Avenue, 

Bronx,  N.  Y.,  March  23,  1909. 
Public  Service  Commission, 
154  Nassau  Street,  N.  Y. 

Gentlemen: 

Owing  to  the  fact  that  it  is  almost  impossible  to  get  a  proper  night's  rest,  I  desire  to  call  the  at- 
tention of  the  Commission  to  the  condition  of  the  cars  of  the  Union  Railway  Co.  that  pass  our  door  at 
the  above  address,  which  is  bet.  i68th  and  169th  Sts. 

There  is  one  car  in  particular  that  I  noticed  yesterday,  car  No.  818,  Kingsbridge  line,  which  makes 
such  a  terrible  noise  that  it  is  really  unbearable. 

Hoping  this  matter  will  receive  attention  and  that  the  nuisance  will  stop,  I  beg  to  remain. 

Yours  very  truly, 

(Signed)     GUST  AVE!    M.    HILLER. 


New  York,  March  29,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau   Street,  New  York  City. 

My  Dear  Sir: 

I  have  yours  of  the  24th,  enclosing  complaint  of  Mr.  Gustave  M.  Hiller.  In  reply  thereto 
I  beg  to  say  that  nearly  all  of  the  cars  of  the  Kingsbridge  Line  of  the  Union  Railway  are 
practically  new  cars,  having  been  repaired  and  overhauled  in  accordance  with  the  rules,  regula- 
tions and  requirements  of  your  Commission  and  also  in  accordance  with  our  own  good  judg- 
ment, within  three  months.  They  are  considerably  larger  than  the  cars  which  theretofore  ran 
on  the  Kingsbridge  Railway,  and  possibly  that  accounts  for  the  extra  noise  from  which  Mr. 
Hiller  suffers. 

24s 


In  respect  to  the  particular  car  which  he  speaks  of,  I  find  that  that  car  had  run  off  the 

track  at  West  Farms,  and  at  the  time  of  the  inquiry    was    having    two    pair    of    pony    wheels 

changed  in  consequence  of  that  accident.     I  have  had  the  car  tried   down  the   road   with   the 

master  mechanic  riding  on  it   from  West  Farms  to  163rd  Street,  and  he  reports  to  me  that 

the  car  made  no  unnecessary  noise. 

Yours  truly, 

Receiver. 


Mr.  Gustave  M.  Hiller,  New  York,  March  29,  1909. 

1282  Webster  Avenue, 
Bronx. 
My  Dear  Sir: 

I  send  you  herewith  copy  of  my  reply  to  the  Public  Service  Commission  in  respect  to  your 
complaint  dated  March  24th.  I  am  inclined  to  think  that  the  extra  noise  of  which  you  com- 
plain is  due  solely  to  the  fact  that  the  cars  are  larger  cars  than  those  which  you  have  been  used 
to,  and  in  respect  to  Car  #818,  of  which  you  particularly  complain,  I  can  only  say  that, 
after  having  had  it  tried,  I  am  convinced  you  are  mistaken. 

Yours  truly, 


Enclosure. 


Receiver. 


Frederick  W.  Whitridge,  Esq.,  New  York,  March  25,  1909. 

Receiver,  Union  Railway  Company, 
Third  Avenue  and  65th  Street, 
New  York  City. 

Dear   Sir: 

On  March  i8th  one  of  our  inspectors  reported  that  Kingsbridge  line  car  No.  823,  upon  which  he 
was  a  passenger,  was  unable  to  climb  the  hill  at  Kingsbridge  and  Fordham  Road  about  5.10  P.  M. 
It  appeared  upon  subsequent  investigation  that  the  car  was  taken  out  of  service,  but  there  was  no  record 
of  what  the  trouble  was  and  no  explanation  for  the  absence  of  an  entry  on  the  "run-in"  sheet  or  any  rec- 
ord of  a  motorman's  statement  as  to  the  reason  for  running  the  car  in.  It  was  stated  that  the  matter 
would  not  be  dropped  and  that  your  Superintendent  would  continue  his  investigation  to  determine  where 
the  blame  lay  for  the  above  mentioned  omissions.  I  will  thank  you  to  inform  me  of  the  result  of  the  in- 
vestigation when  completed. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
GFD  /CWT  Secretary 


Travis  H.  Whitney,  Esq.,  New  York,  March  29,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 

My  Dear  Sir: 

I  have  yours  of  the  25th  in  respect  to  the  experience  of  one  of  your  inspectors  upon  Kings- 
bridge  car  #823,  and  reply  thereto  I  beg  to  say,  that  car  was  changed  from  the  Kingsbridge 

246 


Line  at  5.25  P.  M.  and  arrived  at  the  West  Farms  car  barn  about  the  time  of  the  change  of  the 
shifts,  and  through  some  oversight  our  foreman  failed  to  report  the  car  on  our  emergency 
sheet  as  he  should  have  done.  The  next  morning  the  car  was  repaired  by  our  motor  repair 
man,  and  on  his  report  of  that  date  he  stated  that  the  bfush-holder  was  out  of  order,  and  that 
no  other  repairs  were  necessary.  The  foreman  has  been  censured  for  his  negligence  and 
cautioned  to  be  careful  in  the  future  as  to  the  report  of  any  emergency  "pull-ins." 

Yours  truly, 

Receiver. 


Frederick  W.  Whitridge,  Rec,  New  York,  March  27,  1909. 

Third  Avenue  Railroad  Co., 
6sth  St.  &  3rd  Ave., 

New  York,   N.   Y.  ' 

Dear  Sir: 

I  transmit  herewith  certified  copy  of  Filing  Order  in  Case  No.  1090,  requiring  filing  of  a  complete 
list  of  officers  and  directors,  adopted  by  the  Commission  at  its  meeting  yesterday. 

This  order  is  being  served  upon   the  proper  official  of  your  Company  as  shown  by  our  records.     If 
this  is  incorrect,  will  you  kindly  so  advise  in  connection  with  your  acknowledgment? 

Very  truly  yours, 
GSM  TRAVIS  H.  WHITNEY, 

Enc.  Secretary. 

Case   10.90 


Tribune  Building,  154  Nassau  Street, 
Borough  of  Manhattan,  City  of  New  York. 


In  the  Matter 

\     Case  No.  1090. 
List  of  officers  and  Directors,  and  changes  thereto,  of  the  RAILROAD,  STREET  (        Fili"g  Order. 
RAILROAD,   GAS  and   ELECTRICAL  CORPORATIONS   within  the  jurisdic- 
tion of  the  Public  Service  Commission  for  the  First  District. 


ORDERED:  That  every  railroad  corporation,  street  railroad  corporation,  gas  corporation  and 
electrical  corporation  within  the  First  District,  shall  file  on  or  before  April  10,  1909,  a  complete  list 
of  the  officers,  including  the   directors,   of  said   corporation,   and 

FURTHER  ORDERED:  That  said  corporations  shall  report  to  this  Commission  within  five  days 
thereafter  every  change  from  said  list,  giving  the  name  of  the  office,  the  name  of  the  person  who  held 
the  office  prior  to  such  change,  and  the  name  of  the  person  who  has  been  elected  to  such  office. 


Travis  H.  Whitney,  Esq.,  New  York,  March  29,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  Dear  Sir: 

I  have  your  three  letters  of  March  27th  addressed  to  me  as  Receiver  of  the  42nd  Street, 
Third  Avenue  and  Dry  Dock  Railway  Companies,  enclosing  copy  of  Order  1^1090,  and  saying 

247 


that  this  order  is  being  served  upon  the  proper  official  of  my  Company  as  shown  by  your  records, 
and  asking,  if  this  is  incorrect,  will  I  kindly  so  advise  in  connection  with  my  acknowledgment. 
In  reply  thereto,  I  beg  to  say,  and  as  I  think  I  have  already  notified  you  several  times,  I 
know  nothing  about  the  offices  of  these  Companies,  except  that  Mr.  Perry  is  the  secretary  of 
the  Third  Avenue,  and  Mr.  Borland  is  secretary  of  the  42nd  St.  Road,  and  I  am  unable  to 
advise  you  whether  what  you  have  done  is  correct  or  incorrect. 

Yours  truly. 

Receiver. 


New  York,  March  26,  1909. 
Frederick  W.  _Whitridge,   Esq.,   Receiver, 
Third  Avenue   Railroad   Company, 

Third  Ave.  &  165th  St.,  Manhattan. 

Dear  Sir: 

I  transmit  herewith  a  certified  copy  of  Order  granting  application  in  Case  No.  1086  adopted  by 
the  Commission  at  its  meeting  to-day.  This  covers  the  application  of  the  Third  Avenue  Railroad  Com- 
pany for  an  extension  of  its  railroad  on  Fort  George  Avenue,  New  York  City. 

Very  truly  yours, 
EH  TRAVIS  H.  WHITNEY, 

Secretary. 


At  a  Meeting  of  the  Public  Service  Commission  for  the  First  District,  duly  held 
at  its  office,  No.  154  Nassau  Street,  Borough  of  Manhattan,  City  and  State 
of  New  York,  on  the  26th  day  of  March,  1909. 


Present: 

William   R.  Willcox, 

Chairman, 
Willam   McCarroll, 
Edward   M.   Bassett, 
John  E.  Eustis, 
Milo  R.  Maltbie, 


>  Commissioners. 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


In  the  Matter 

of  the 

Application  of  THE  THIRD  AVENUE  RAILROAD  COMPANY  for  the  Per-\    Case  No  1086 

:    .  ,.  ,ri-^         ••  1^  •  ,^  •  rf        Order  Grantmg 

mission  and  Approval  of  this  Commission  to  the  Construction  and  Operation  ofl         Application 

an  extension  of  the  Street  Surface  Railroad  on  Fort  George  Avenue,  Borough  of* 

Manhattan,  City  of  New  York. 

The  Third  Avenue  Railroad  Company  having  made  application  to  the  Public  Service  •  Commission 
for  the  First  District  by  a  petition,  duly  verified  and  filed,  and  accompanied  by  the  documents  required 
by  the  rules  of  practice  of  the  Commission  for  the  permission  and  approval  of  the  Commission  to  the 
construction  and  operation  of  an  extension  of  its  street  surface  railroad  upon  the  route  described  in  its 
statement   of   proposed    extension,    duly   filed   pursuant  to  Section  go  of  the  Railroad  Law  with  the  Secretary 

248 


of  State  and  with  the  County  Clerk  of  New  York  County,  and  in  the  franchise  granted  to  said  com- 
pany by  the  city  of  New  York  under  date  of  March  4,  1909,  and  being  in  the  Borough  of  Manhattan,  City 
of  New  York,  a  full  description  of  said  route  being  hereinafter  set  forth; 

And  the  Commission  having  fixed  Friday,  March  19,  1909,  at  2 :30  o'clock  in  the  afternoon,  at  the 
office  of  the  Commission  at  No.  154  Nassau  Street,  Borough  of  Manhattan,  City  of  New  York,  for  a  hear- 
ing upon  said  petition,  and  having  directed  that  a  notice  of  said  application  and  hearing  containing  a 
description  of  the  route  in  and  upon  which  the  company  proposes  to  construct  and  operate  said  extension, 
be  published  in  certain  newspapers  and  at  certain  times  specified  by  the  Commission,  and  said  hearing 
having  been  had  by  and  before  the  Commission  at  the  place  aforesaid  on  March  19,  1909,  and  on  March 
23,  1909,  Commissioner  Maltbie  presiding;  and  the  said  applicant.  The  Third  Avenue  Railroad  Company, 
having  appeared  upon  said  hearing  by  Henry  A.  Robinson,  its  Counsel,  and  having  presented  proof  of  pub- 
lication of  notice  of  such  application  and  hearing,  as  required  by  the  Commission,  and  having  presented 
its  proofs,  whereby  it  satisfied  the  Commission  that  the  construction  and  operation  of  said  extension  is 
necessary  and  convenient  for  the  public  service;  and  the  Commission  having  determined,  after  said  hearing 
that  the  construction  and  operation  of  the  extension  of  said  company's  road,  as  described  in  the  statement 
of  proposed  extension  thereof,  filed  with  the  Secretary  of  State  and  with  the  County  Clerk  of  New  York 
County,  and  as  described  in  said  franchise,  is  necessary  and  convenient  for  the  public  service;  now  there- 
fore, it  is 

ORDERED,  That  said  application  be  and  the  same  hereby  is  granted ;  that  the  permission  and  ap- 
proval of  the  Public  Service  Commission  for  the  First  District  is  hereby  granted  to  the  construction  and 
operation  by  The  Third  Avenue  Railroad  Company  of  the  extension  of  said  company's  line  upon  the  route 
and  as  described  in  its  statement  of  proposed  extension,  duly  filed  with  the  Secretary  of  State  and  with 
the  County  Clerk  of  New  York  County,  and  as  described  in  said  franchise,  as  aforesaid,  said  route  being 
described   in    said   statement   and    in   said   franchise   as  follows : 

'"Beginning  and  connecting  with  the  existing  double-track  street  surface  railway  on  Amsterdam  Ave- 
nue, at  or  near  the  intersection  of  said  avenue  with  Fort  George  Avenue;  thence  northerly,  westerly  and 
southerly  in,  upon  and  along  said  Fort  George  Avenue  as  it  winds  and  turns,  to  its  intersection  with 
Audubon  Avenue,  with  a  loop  terminal  at  said  intersection,  to  be  constructed  within  the  present  roadway 
of  said  Fort  George  Avenue." 

The  permission  and  approval  hereby  granted  shall  not  be  construed  as  an  approval  by  the  Com- 
mission of  the  contract  regarding  said  proposed  extension  entered  into  between  said  company  by  Fred- 
erick W.  Whitridge,  Receiver,  on  the  one  hand,  and  the  City  of  New  York  on  the  other  hand,  dated 
March  4,  1909.  except  as  to  the  grant  of  the  right  to  construct  and  operate  an  extension  of  said  com- 
pany's  line    over   the    route   above    described.    It    is    further 

ORDERED,  That  this  order  shall  take  effect  immediately,  and  shall  continue  in  force  until  such 
time  as   the   Public   Service   Commission   for  the   First    District    shall   otherwise   order. 


_  New  York,   March  26,   1909. 

F.    W.    Whitridge,    Esq.. 

Recr.,  Third  Avenue  Railroad   Co., 

65th  St.  and  Third  Ave.,  N.  Y.  City. 

Dear    Sir : 

I  transmit  herewith  a  copy  of  the  opinion  submitted  to  the  Commission  by  Commissioner  Maltbie 
to-day  with  reference  to  the  application  for  extension  of  line  on  Ft.  George  Avenue  granted  by  Order  in 
Case   1086. 

Very    truly   yours, 

TRAVIS   H.   WHITNEY, 
''^M  Secretary. 


249 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

.     In  the  Matter 

of  the 

Application  of  THE  THIRD  AVENUE  RAILROAD  COMPANY  for  the  Per-  )   Case  No.  1086. 
mission  and  Approval  of  this  Commission  to  the  Construction  and  Operation  of  an  f 
extension  of  the  Street  Surface  Railroad  on  Fort  George  Avenue,  Borough  of  \ 
Manhattan,  City  of  New  York.  I 

N.  Y.  Law  Department,  Office  of  Corporation  Counsel,  Apr.  3,  1909.     Rec'd  by  Chief  Clerk, 

OPINION. 

This  is  an  application  under  section  53  of  the  Public  Service  Commissions  Law  for  permission  to  begin 
the  construction  of  an  extension  to  the  Third  Avenue  Railroad  at  Fort  George.  The  statute  provides  not 
only  that  no  extension  shall  be  constructed  without  the  permission  and  approval  of  the  Public  Service 
Commission,  but  also  that  no  corporation  shall  exercise  any  franchise  or  right  not  heretofore  lawfully  ex- 
ercised without  first  having  obtained  a  proper  certificate.  The  application  is  made  by  Mr.  F.  W.  Whitridge, 
receiver  of  the  Third  Avenue  Railroad  Company,  and  relates  to  two-thirds  of  a  mile  of  single  track,  in- 
cluding a  small  loop  of  a  few  hundred  feet  at  the  end  to  permit  the  continuous  operation  of  cars  by  avoid- 
ing the  necessity  of  reversing   them  at  a   crossover. 

The  Third  Avenue  Company  had  no  franchise  for  this  extension  until  a  few  days  ago,  the  franchise 
being  signed  by  the  Mayor  upon  March  4th.  In  December,  1908,  the  Commission  was  informed  that  work 
was  to  be  begun  on  this  extension  before  the  franchise  was  granted  by  the  City  and  before  it  had  been 
approved  by  this  Commission.  The  receiver  was  notified  that  such  action  would  be  illegal  and  that  con- 
struction should  not  be  begun  until  a  franchise  and  the  proper  certificates  had  been  obtained  as  provided 
for  by  law.  The  receiver  then  asked  for  a  temporary  permit  pending  the  passage  of  the  franchise  and  its 
approval  by  this  Commission,  to  which  the  Commission  replied  that  it  had  no  authority  to  issue  such  a 
permit  pending  approval,  and  that  until  the  franchise  had  been  granted  it  would  be  impossible  and  inad- 
visable to  consider  an  application  for  approval  of  a  franchise  the  provisions  of  which  had  not  yet  been  fixed 
by  the  City. 

In  the  opinion  of  the  Commission,  it  is  not  only  a  violation  of  law  to  begin  work  under  such  circum- 
stances, but  it  is  most  inadvisable  that  lines  should  be  constructed  without  due  legal  authority.  There  are 
lines  in  Manhattan  and  Brooklyn,  the  building  of  which  was  permitted  by  the  City  under  temporary  per- 
mits before  the  franchises  were  granted,  the  corporations  having  promised  to  get  franchises  and  to  make 
the  terms  retroactive.  But  once  having  built  the  line  and  once  having  started  operation,  all  interest  in 
securing  the  proper  legal  authority  waned,  and  to-day  these  lines  are  operated  without  a  franchise  and 
without  paying  the  amounts  required  by  law.  Certain  corporations  in  this  City  admit  that  they  never 
received  a  formal  grant  of  authority  to  operate  in  certain  areas,  but  having  operated  there  several  years 
without  disturbance,  they  now  insist  that  they  have  a  perpetual  franchise  obtained  by  "acquiescence."  If 
there  is  any  foundation  for  such  a  theory,  and  the  decisions  of  the  courts  seem  to  indicate  that  some 
weight  may  be  given  to  it,  how  much  more  plausible  would  be  the  argument  that  a  city  which  allows  a 
company  to  construct  under  a  "temporary  permit,"  and  to  operate  for  months  and  years  has  thereby  and  by 
refusal  to  interfere  with  such  operation  given  to  the  corporation  valuable  franchise  rights.  One  corpora- 
tion in  this  City  recently  went  so  far  as  to  embed  rails  in  concrete  on  its  tracks  to  prevent  another  cor- 
poration from  laying  tracks  across  its  line  without  due  notice  and  without  compliance  with  law,  for  fear 
that  if  the  corporation  which  was  planning  to  seize  the  crossing  was  once  able  to  lay  its  tracks,  it  would 
be    impossible   to    have   them    removed. 

The  application  for  approval  under  section  53  above  referred  to  was  first  made  by  the  receiver  in 
due  form  under  date  of  March  5th,  1909.  The  Commission  promptly  fixed  a  date  for  a  hearing  upon 
March  19th,  thereby  allowing  the  usual  ten  days  for  publication  of  notices  of  such  hearing.  The  hearing 
was  held  as  ordered  upon  March  19th,  at  which  time  the  representative  of  the  receiver  proceeded  to  pre- 
sent evidence.  The  first  witness,  the  chief  engineer  to  the  receiver,  in  response  to  certain  questions,  testi- 
fied that  construction  work  had  been  begun  a  month  before  the  franchise  was  signed  by  the  Mayor,  and 
that  work  was  actually  under  way  upon  the  date  of  the  hearing.  In  view  of  the  manifest  illegality  of 
such  action,  the  hearing  was  adjourned.  The  Commission  then  directed  its  Counsel  to  proceed  with  an 
action    for   violation    of   law,   and   notified    the   receiver    that    the    Commission    would    not    proceed    with    the 

250 


hearing  until  it  had  received  assurance  that  the  work  upon  the  extension  had  been  suspended  and  would 
remain  suspended  until  a  certificate  had  been  issued  as  required  by  law.  Work  having  been  stopped  upon 
receipt  of  this  notice  and  the  required  assurance  having  been  given,  the  hearing  was  resumed  upon  March 
23rd,  and  the  order  issued  upon  March  6th — less  than  three  weeks  from  the  date  when  the  application  was 
made. 

An  examination  of  the  franchise  reveals  some  rather  peculiar  provisions.  The  grant  may  be  ter- 
minated by  the  City  any  time  after  March  4th,  1912,  subject  to  a  possible  extension  at  the  option  of  the 
City  for  two  years  more.  This  will  mean  that  the  entire  cost  of  this  line  must  be  amortized  in  three  years ; 
that  is,  practically  one-third  of  the  cost  must  be  set  aside  out  of  earnings  each  year.  As  this  is  a  short 
extension  the  amount  will  not  be  large,  but  if  the  principle  were  to  be  applied  to  a  long  extension  or  to 
a  large  system,  it  would  probably  be  impossible  for  the  road  to  be  operated  under  such  a  condition.  If  it 
were  to  be  operated,  the  public  would  be  injured  by  high  fares  or  poor  service  or  both.  It  is  to  be  remem- 
bered that  unreasonable  burdens  placed  on  corporations  are  usually  shifted  to  the  travelling  public,  and 
that  it  is  more  in  the  public  interest  that  service  should  be  good  and  fares  kept  down  than  that  the  corpora- 
tion  should  be  made  to  bear  a  heavy  burden. 

The  franchise  further  provides  that  the  company  shall  permit  the  joint  use  of  its  track  and  equip- 
ment by  other  street  railway  companies  which  shall  have  been  given  such  rights  by  the  City  upon  payment 
of  an  annual  sum,  which  shall  not  exceed  the  following: 

1.  Legal    interest    on    a    proportion    of    the    whole  cost   of   construction. 

2.  Legal  interest  on  a  proportion  of  the  cost  of  keeping  the  tracks  and  track  equipment  in  repair. 
(The  proportion  in  i  and  2  is  to  be  the  same  as  the  proportion  between  the  number  of  cars  operated  by 
the  new  company  and  the  number  of  cars  operated  by  all  other  companies   using  the  extension.) 

3.  The  actual  cost  of  the  power  necessary  for  the  operation  of  the  new  company's  cars  on  the  ex- 
tension. 

4.  The    cost   of   laying   and    repairing   the   pavement. 

5.  The  cost  of  removal  of  snow  and  ice. 

6.  The  cost  of  all  other  duties  imposed  upon  the  Third  Avenue  Co.  by  the  terms  of  this  contract  in 
connection    with   the    maintenance    or    the    operation   of  the  railway   so   used. 

Apparently,  the  capitalization  of  charges  for  maintenance  and  repairs  would  be  permitted — a  plan 
which  is  not  considered  proper  by  this  Commission,  and  not  allowed  under  the  system  of  accounts  pre- 
scribed   for    street    railways. 

The  franchise  contains  a  number  of  clauses  which  are  unnecessary  or  in  conflict  with  the  theory  of 
the  Public  Service  Commissions  Law.  For  example,  it  states  that  cars  shall  be  "run  *  *  *  as  may  be 
directed  by  the  Board  of  Estimate  and  Apportionment,"  and  that  all  cars  are  to  be  "lighted  *  *  *  as 
may  be  required  by  the  Board."  The  fiscal  year  is  made  to  end  September  30th,  and  the  company  is  re- 
quired to  submit  a  report  to  the  Board  of  Estimate,  giving  many  important  statistical  and  financial  facts 
regarding  its  operations  for  this  year.  The  company  is  required  to  comply  with  the  provisions  of  the  Rail- 
road Law  and  of  the  laws  or  ordinances  "not  inconsistent  with  the  terms  and  conditions"  fixed  in  the 
franchise. 

It  is  indisputable  that  no  franchise  or  contract  entered  into  by  a  local  authority  and  a  corporation  can 
set  aside,  annul  or  alter  any  state  law  or  order  of  a  state  body.  Consequently,  any  order  made  by  this 
Commission  relative  to  the  matters  that  have  been  placed  under  its  jurisdiction  must  be  binding  upon  the 
corporation  affected,  notwithstanding  any  provision  in  any  franchise.  Any  attempt  to  confer  by  franchise 
such  authority  upon  another  body  is  doubtless  ultra  vires  in  so  far  as  it  attempts  to  supersede  state  law  or 
orders    of   this    Commission,    and    provisions    purporting  to  do  so  ought  not  to  be  in  any  franchise. 

Furthermore,  as  the  law  has  fixed  June  30th  as  the  end  of  the  fiscal  year,  and  as  exhaustive  reports 
must  be  made  to  this  Commission  for  such  period,  containing  all  of  the  information  called  for  in  the  fran- 
chise, it  would  seem  to  impose  an  unnecessary  burden  upon  the  corporation  to  require  it  to  make  a  report 
for  a  year  ending  September  30. 

In  view  of  the  fact  that  the  construction  of  the  proposed  extension  will  not  only  be  of  advantage 
to  the  Third  Avenue  Company  from  an  operating  point  of  view,  but  will  also  be  of  convenience  to  the 
public,  and  probably  will  tend  to  reduce  accidents  and  to  provide  a  more  rational  operation  of  cars  at  this 
point  where  there  is  so  much  congestion  during  the  summer  months,  these  objectionable  features  of  the 
franchise  have  not  been  considered  of  sufficient  importance  to  warrant  the  withholding  of  a  certificate, 
and  one  has  been  issued ;  but  future  franchises  submitted  for  approval  should  not  contain  similar  provisions. 

New    York,    March    26th,    190Q.  MILO  R.  MALTBIE, 

Commissioner. 
251 


Travis  H.  Whitney,  Esq.,  New  York,  March  30,  1909. 

Secretary,  PubHc  Service  Commission, 
154  Nassau  Street,  City. 
My  dear  Sir: 

I  have  your  letter  of  March  26th  enclosing  the  Order  of  the  Commission  approving  of  the 
construction  and  operation  of  Fort  George  Loop,  for  which  I  am  much  obliged  to  you.  The 
last  paragraph  of  that  Order  reading:  "This  Order  shall  take  effect  immediately  and  shall  con- 
tinue in  force  until  such  time  as  the  Public  Service  Commission  for  the  First  District  shall 
otherwise  order" — is,  if  I  understand  it  rightly,  unwarranted  by  the  Statute,  and  is  con- 
sequently illegal  and  futile,  and  I  am  bound  to  say  to  you  that  it  will  be  so  regarded  by  me 
should  the  necessity  hereafter  arise.  The  Law  provides  that  a  railroad  company  shall  obtain 
your  permission  and  approval  to  every  new  franchise — it  does  not  provide  for  you  the  liberty 
to  change  your  minds  after  such  approval  has  been  given,  nor  for  a  subsequent  revocation  of 
that  permission  by  you   for  any   reason   whatever. 

In  regard  to  the  opinion  accompanying  this  order,  which  appeared  in  the  newspapers  last 
Saturday  morning,  I  beg  to  advise  the  Commission  that,  so  far  as  that  opinion  refers  to  me,  I 
consider  that  in  availing  myself  of  the  permission  of  the  City  authorities  to  do  certain  work 
in  the  streets  in  anticipation  of  granting  the  franchise,  I  was  acting  entirely  in  conformity  with 
the  Law.  The  Commission  would  have  been  saved  the  annoyance  my  action  appears  to  have 
caused  them,  had  they  answered  my  letters  in  respect  to  the  temporary  permit,  and  particu- 
larly my  letter  of  January  7th,  in  which  I  called  their  attention  for  the  second  or  third  time 
thereto,  and  said  that  unless  I  heard  from  them  definitely  I  should  act  on  my  own  judgment. 
I  never  heard  at  all  and  I  acted  accordingly. 

In  connection  with  this  matter,  I  repeat  the  suggestion  that  your  rules  be  changed  so  that 
you  can  consider  a  franchise  after  the  form  has  been  settled  with  the  Board  of  Estimate  and 
Apportionment,  and  while  it  is  still  not  too  late  for  that  Body  to  make  amendments  to  meet 
your  views.  If  you  adhere  to  your  present  procedure  and  decline  to  look  at  a  franchise  until 
the  contract  has  been  signed,  sealed  and  delivered  by  the  City  and  by  the  Railroad,  any  objec- 
tion by  you  will  then  cause  a  wicked  waste  by  the  Company  of  the  time  and  money  necessa- 
rily expended  before  the  Board  of  Estimate,  because  the  franchise  cannot  then  be  changed  and 
the  whole  performance  must  be  gone  over  again.  This,  you  will  recall,  nearly  happened  in 
the  case  of  the  Clasons  Point  franchise,  where,  at  the  last  moment,  you  found  five  or  six  in- 
superable objections  to  the  franchise,  and  your  approval  of  it  was  only  given  through  your 
good-natured  reception  of  my  entreaties  half  an  hour  before  the  time  to  make  the  deposit  with 
the  City,  required  by  the  contract,  expired.     Surely  such  contingencies  are  to  be  averted. 

Yours  truly. 

Receiver. 

F.   W.   Whitridge,   Esq.,   Receiver,  New  York,  March  29,   1909. 

Third  Avenue  Railroad  Co., 
New  York  City. 

Dear  Sir: — 

I   wish   to  prefer  a   claim  against   you   for   damages  due,  as  I  believe,  to  the  negligence  of  one  of  your 
employees    under    the    following    circumstances : 

252 


On  the  morning  of  March  i6th,  about  8:15  o'clock,  I  was  riding  my  horse  down  from  Central  Park 
to  the  stable  on  51st  street.  Coming  down  7th  avenue  I  crossed  through  52d  street,  and  when  I  reached 
Broadway,  I  look  in  both  directions  before  crossing  the  tracks  to  see  if  there  were  any  approaching 
cars.  There  was  a  car  coming  north  which  I  should  think  was  about  halfway  between  51st  and  52nd 
street,  as  I  started  to  cross  the  tracks.  When  my  horse  had  crossed  the  first  track  and  was  on  the  south- 
bound track,  he  stopped,  and  for  some  reason  or  other  refused  to  go  on.  While  I  was  endeavoring  to 
urge  him  forward  across  the  tracks  the  motorman  of  the  approaching  car,  although  he  must  have  seen 
that  I  was  having  trouble  with  my  horse,  came  up  behind  so  close  as  to  scare  my  horse,  causing  him 
to  rear  violently  and  strike  me  with  his  head  in  such  a  manner  that  I  was  thrown  from  the  saddle  onto 
the  pavement   on   the   southbound   track   and   the  horse  himself  fell  down. 

I  came  out  of  the  accident  rather  more  fortunately  than  might  have  been  expected,  with  the  loss 
of  two  teeth,  badly  contused  hand  and  a  slight  bruise  on  the  hip.  I  was  laid  up  for  about  a  week  by 
the  accident  and  am  still  having  trouble  with  my  hand  and  shall  continue  to  have  considerable  trouble 
and  will  be  at  considerable  expense  on  account  of  the  broken  teeth. 

The  groom,  who  was  walking  on  the  sidewalk  nearby  at  the  time,  saw  the  occurrence  and  corrob- 
orates my  belief  that  it  was  due  to  the  motorman  running  his  car  upon  my  horse  while  he  saw  that 
I    was    having    trouble    with    him. 

I  am  not  anxious  to  make  any  money  out  of  the  accident  and  being  a  lawyer  myself  am  not  eager 
to  rush  into  a  lawsuit  over  the  matter;  but  I  think  it  would  be  only  fair  that  I  should  have  such 
compensation  as  will  pay  my  surgeon's  and  dentist's  bills  at  least,  and  perhaps  something  more  for  loss 
of  time. 

I  shall  be  very  glad  to  see  your  claim  agent  about  the  matter  at  any  time. 

Yours  very  truly, 
ELA-V  ELBRIDGE  L.  ADAMS. 


Elbridge  L-  Adams,  Esq.,  New  York,  April  i,  1909. 

299  Broadway, 
City. 

My  dear  Sir: 

I  have  yours  of  the  29th,  which  I  have  instructed  the  claim  agents  to  answer,  I  can 
hardly  think  that  you,  as  a  lawyer,  propose  to  make  a  serious  claim  against  the  42nd  Street 
Railroad  Company  on  the  state  of  facts  disclosed  by  your  letter.  I  am  exceedingly  sorry  that 
you  have  been  injured,  but  I  do  not  see  my  way,  unless  the  claim  agent  is  able  to  discover  facts 
other  than  those  stated  by  you,  to  afford  you  any  relief. 

I  respectfully  suggest  to  you  that  you  should  prefer  your  claim  before  the  Public  Service 

Commission.     They  have  large  powers  which  they  are  eager  to  exercise  for  the  redress  of  all 

human  grievances. 

Yours  truly, 

Receiver. 


Frederick  W.   Whitridge,  Esq.,  New    York,    March   31,    1909. 

Receiver,  Third  Avenue   Railroad  Co., 
65th   Street  and  Third  Avenue, 
New    York    City. 
Dear  Sir: 

In  your  letter  of  March  8,  relative  to  the  annual  reports  of  the  Third  Avenue  companies  for  the  year 
ended  June  30,  1908,  you  stated  that  you  were  unable  to  prepare  a  report  as  to  the  condition  of  the 
Third  Avenue  Railroad  Company  at  the  time  it  came  into  your  charge,  and  as  to  the  corporate  trans- 
actions between  July  i,  1907,  and  January  11,  1908,  for  the  reason  that  you  were  not  in  possession  of 
the  books   of  the   Company. 

253 


The  Counsel  of  the  Commission  advises  that  yoj  are  responsible  for  this  return  inasmuch  as  you 
have  not  included  the  data  just  referred  to  in  your  own  report  covering  the  period  January  12  to  June 
30,  1908.  The  Commission  has  communicated  with  the  Receivers  of  the  Metropolitan  Street  Railway  Com- 
pany,   who    have   promised   to    make   the   proper   books  accessible  to  you.     A  copy  of  their  letter  is  enclosed. 

Very  truly  yours, 
N  TRAVIS  H.  WHITNEY, 

AFW/ARB  Secretary. 

End. 


New  York,  April  2nd,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  Dear  Sir: 

I  have  yours  of  the  31st.  In  reply  thereto  I  beg  to  say  what  I  think  I  have  already  said 
— that  I  do  not  consider  I  am  under  any  obligation  to  make  any  reports  of  any  kind  relating  to 
anything  concerning  any  of  the  Companies  under  my  charge,  which  happened  prior  to  my 
appointment,  in  cases  where  the  records  are  not  in  my  custody.  I  believe  you  have  ruled  form- 
ally, in  a  communication  to  me  some  months  ago  in  respect  to  quarterly  reports,  that  all  such 
reports  ought  to  be  made  by  the  persons  who  had  possession  of  the  books — in  this  case  Messrs. 
Joline  and  Robinson. 

As  to  their  letter  which  you  enclose  to  me,  which  states  :  "Our  office  force  is  too  much 
occupied  in  attending  to  the  necessary  and  legitimate  business  of  the  receivership  to  assume  the 
task  of  waiting  upon  this  gentleman,  and  saving  them  from  the  performance  of  their  own 
proper  work,"  *  *  *  j  ^^  gratified,  however,  to  hear  that  their  office  force  is  occupied  in 
attending  to  its  business.  I  have  referred  your  communication  to  my  counsel,  Mr,  Bickford, 
to  see  if  Mr.  Perry  or  Messrs.  Marwick  &  Mitchell  or  somebody  cannot  give  you   what  you 

want.     I  don't  think  I  can. 

Yours  truly, 

Receiver. 

New  York,  April   3.   1909. 
Frederick   W.   Whitridge,   Esq., 

Receiver,  Union  Railway  Company, 
130th   Street  and   Third  Avenue, 
New   York   City. 
Dear  Sir: 

Complaint  is  made  of  unnecessary  inconvenience  and  delay  to  passengers  at  Burnside  and  Sedgwick 
Avenues  due  to  the  failure  of  the  cars  of  the  Sedgwick  and  Jerome  Avenues  lines  to  connect  at  that 
point. 

It  was  recognized  that  any  complaint  of  this  kind  must  be  confined  to  criticism  of  the  cars'  crews 
when  the  cars  of  these  two  lines  are  approaching  the  junction  point  in  sight  of  each  other.  Investigation 
has,  therefore,  been  made  from  that  standpoint.  Observations  were  made  for  short  periods  on  March  29th 
and  on  April  2nd.  On  March  29th  at  2.49  P.  M.  car  No.  761  of  the  Jerome  Avenue  line  southbound 
failed  to  wait  for  car  No.  331  of  the  Sedgwick  Avenue  line  westbound,  although  car  No.  331  was  but 
one    block   away.      Three    passengers    transferring    from   car    No.    331    had   to    wait   seven    minutes    for   the 

254 


next  Jerome  Avenue  car.  On  April  2nd  at  5:58  P.  M.  car  No.  "n^y  of  the  Jerome  Avenue  line  failed 
to  wait  for  car  No.  75  westbound  of  the  Sedgwick  Avenue  line,  although  car  No.  75  was  within  100  feet 
of  Jerome  Avenue.  Five  passengers  transferring  from  car  No.  75  had  to  wait  four  minutes  for  the  next 
Jerome  Avenue  car.  On  the  same  date  at  6.12  P.  M.  car  No.  ^^2  failed  to  wait  for  Sedgwick  Avenue 
car  No.  136  eastbound,  although  car  No.  136  was  within  200  feet  of  Jerome  Avenue,  Three  passengers 
transferring  to  Jerome   Avenue  car   had  to  wait   four  minutes   for  the  next   car. 

These  instances  seem  to  show  that  considerable  unnecessary  delay  and  annoyances  are  caused,  which 
could  be  easily  prevented  by  requiring  the  cars'  crews  to  use  a  little  more  common  sense  in  making  con- 
nections  under   such   circumstances. 

A   reply   is    requested   by   April    14th,   stating   the  measures  which  you  will  take  to  satisfy  the  complaint. 

Yours  very  truly, 
GFD/CWT  TRAVIS  H.  WHITNEY, 

C— 3330  Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  April  5,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  Dear  Sir: 

I  have  yours  of  the  3rd  in  respect  to  the  inconvenience  to  passengers  at  the  junction  of 
Burnside  and  Sedgwick  Avenues,  owing  to  failure  of  connection  between  Sedgwick  and  Jerome 
Avenue  lines.  I  quite  agree  that  occurrences  such  as  you  describe  are  most  exasperating.  I 
have  myself  been  the  victim  of  such  occurrences  and  I  shall  be  happy  to  do  what  I  can  to  rem- 
edy them.  As  you  truly  say,  "these  incidents  seem  to  show  that  considerable  annoyance  and 
unnecessary  delays  are  caused  which  could  be  easily  prevented  by  requiring  the  cars'  crews  to 
use  a  little  more  common  sense."  That  observation  is  not  only  true  but  it  is  profound,  and 
it  appeals  to  me  particularly  because  I  have  been  endeavoring  for  a  year  to  require  people  to  use 
a  little  more  common  sense,  only  a  very  little  in  many  cases,  but  still  some,  and  if  the  Public  Service 
Commission  with  its  multitude  of  rules,  regulations,  statistics,  orders  and  other  paraphernaHa, 
has  arrived  at  a  formula  by  which  a  requisition  for  common  sense  can  be  made  effective,  I 
should  be  infinitely  grateful  if  they  would  let  me  have  it.  This  is  a  tempting  text,  but  if  I  were 
to  write  about  it,  evil-minded  persons  would  say  I  was  indulging  in  personalities,  so  I  only  add 
that  I  do  the  best  I  can,  and  that  I  will  instruct  the  crews  of  the  cars  on  these  two  lines  to  use 
common  sense  hereafter,  and  when  they  see  a  car  coming  a  block  away,  to  wait  for  it,  although 
such  instructions  are  already  printed  and  posted. 

Yours  truly, 

,  Receiver. 

New  York,  April  3,  1909. 
Frederick  W.  Whitridge,  Esq.,  Receiver, 
Third  Avenue  Railroad  Company, 

Third  Ave.  &  65th  St.,  New  York. 

Dear  Sir:— 

In  the  matter  of  your  application  for  the  approval  of  the  Commission,  under  Section  53  of  the  Pub- 
lic Service  Commissions  Law,  of  a  franchise  for  the  construction  and  extension  of  your  line  on  Pelham 
Avenue  from  Third  Avenue  to  Southern  Boulevard,  I  have  to  state  that  a  report  was  submitted  by  Com- 

255 


missioner    Eustis    thereon,    which    was    approved    and  a  copy   directed  to  be   sent  to  you  as  the  applicant. 

Accordingly  I  enclose  herewith  a  copy. 

Very  truly  yours, 

THW/EH  TRAVIS  H.  WHITNEY, 

Enclosure.  Secretary. 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter 

of  the 

•  Application  of  the  UNION  RAILWAY  COMPANY  of  New  York  City  for  the\    ^^^^  ^^    ^^ 
permission   and    approval   of   the   Commission    to   the   construction   and    operationf 
of  an  extension  of  its  street  surface  railroad  on  Pelham  Avenue,  Borough  of  the' 
Bronx,  City  of  New  York. 

OPINION. 

This  is  an  application  made  by  Frederick  W.  Whitridge,  Receiver  of  the  Union  Railway  Company, 
under  Section  53  of  the  Public  Service  Commissions  Law  for  permission  and  approval  by  the  Commis- 
sion of  the  franchise  for  the  construction  of  an  extension  of  said  company's  railroad  on  Pelham  Avenue 
from  the  junction  of  Pelham  and  Third  Avenues  to  the  Southern  Boulevard. 

Application  for  this  franchise  was  made  by  the  Union  Railway  Company  to  the  Board  of  Estimate 
and  Apportionment  in  July  last,  and  on  March  ist,  1909,  the  contract  between  the  city  and  the  Union 
Railway  Company  was  executed;  and,  under  date  of  March  5th,  1909,  application  was  made  to  this  Com- 
mission for  the   approval  and  consent  of  this   Commission  to  the  construction  of  said  extension. 

A  hearing  was  fixed  and  duly  advertised  for  March  25th,  1909,  at  which  date  testimony  was  taken 
showing  that  there  was  no  opposition  to  the  granting  of  the  certificate  from  outside  parties;  and  testi- 
mony was  produced  by  the  applicant  showing  that  there  was  a  necessity  for  the  construction  of  this 
road,  and  that  it  would  be  a  convenience  to  a  large  number  of  the  traveling  public,  the  evidence  being 
given  by  various  property  owners,  who  owned  real  estate  along  Pelham  Avenue  between  Third  Avenue 
and  the  Southern  Boulevard. 

The  terms  of  the  franchise  are  similar  to  the  franchise  submitted  by  the  Bronx  Traction  Company 
for  the  Classon  Point  Road,  upon  the  application  for  which  this  Commission  issued  a  certificate  with 
certain  qualifications  in  regard  to  some  of  the  clauses  in  the  franchise;  and  it  would  seem  to  me  that 
the  present  time  is  opportune  to  call  a  halt  until  these  objectionable  features  in  the  franchise  can  be 
corrected. 

The  term  of  the  franchise  is  fifteen  years,  and  the  compensation  to  be  paid  to  the  city  is  fixed  at  a 
certain  rate  during  each  period  of  five  years  of  said  term,  and  then  provides  for  a  renewal  of  said  fran- 
chise for  a  further  term  of  twenty  years,  compensation  for  said  renewal  to  be  agreed  upon  by  a  reval- 
uation; and  provides  that,  if  the  two  parties  (that  is  the  city  and  the  railroad)  do  not  reach  an  agree- 
ment as  to  the  compensation  for  the  renewal  term  before  the  beginning  of  the  last  year  of  the  original 
term,  then  the  rate  of  compensation  for  said  renewal  term  shall  be  fixed  by  three  disinterested  ap- 
praisers— one  appointed  by  the  city,  one  by  the  company,  and  the  third  by  these  two;  and  that  the  valua- 
tion fixed  by  the  said  appraisers  shall  be  conclusive  on  both  parties,  but  in  no  event  shall  the  annual 
sum  to  be  paid  be  less  than  the  sum  required  to  be  paid  for  the  last  year  of  the  original  contract.  In  case 
this  franchise  should  become  very  valuable  at  the  end  of  fifteen  years,  and  the  railroad  company  on  a 
revaluation  would  be  obliged  to  pay  a  very  considerable  increased  annual  sum  to  the  city,  all  they 
would  have  to  do  to  avoid  paying  that  increased  sum  would  be  for  them  to  appoint  an  appraiser  who 
would  not  agree  with  the  appraiser  appointed  by  the  city  on  the  third  appraiser,  then  nothing  could  be 
done  towards  adjusting  the  revaluation  on  which  thej'  would  be  required  to  pay  the  annual  charges  to 
the  city,  and  they  could  go  on  during  the  next  twenty  years  paying  only  the  sum  fixed  for  the  last  year 
under  the  original  term.     This,  certainly,  should  be  corrected,  and  there  should  be  a  provision  in  this 

256 


section  of  the  franchise  providing  for  the  appointment  of  the  third  appraiser  by  some  outside  disinter- 
ested body,  in  case  the  two  appraisers  do  not  agree  upon  a  third  within  a  limited  time. 

The  franchise  further  provides  (paragraphs  14  to  18)  that  the  adequacy  of  the  service  rendered  by 
the  company,  as  well  as  the  heating  and  lighting  of  the  cars,  is  subject  to  the  orders  of  the  Board  of 
Estimate  and  Apportionment;  and,  inasmuch  as  Section  3  of  paragraph  24  of  the  said  franchise  specific- 
ally states 

"This  grant  is  also  upon  the  further  and  express  condition  that  the  provisions  of  the  Railroad  Law 
"applicable  thereto,  and  all  laws  or  ordinances  now  in  force,  or  which  may  be  adopted,  affecting  the 
"surface  railways  operated  in  the  city,  not  inconsistent  with  the  terms  and  conditions  hereinbefore 
"fixed,  shall  be  strictly  complied  with  by  the  company" 

it  might  give  the  company  the  right,  when  this  Commission  undertook  to  exercise  its  powers  under  the 
Public  Service  Commissions  Law  in  regard  to  their  operation  or  equipment,  to  say  that  this  Commission  in 
approving  this  franchise  had  waived  its  rights,  as  they  might  claim  that  the  Public  Service  Commissions 
Law  as  inconsistent  with  this  franchise  insofar  as  the  franchise  clothes  the  Board  of  Estimate  and 
Apportionment  with  the  power  of  passing  upon  the  equipment  and  the  service  to  be  rendered  by  the 
company. 

These  paragraphs  should  be  either  eliminated  or  modified  so  as  to  expressly  show  that  there  is 
no  intention  by  the  parties  to  this  franchise  of  annulling  or  abridging  in  any  way  the  duties  of  the  Public 
Service  Commission  under  the  existing  law. 

The  franchise  contains  a  condition  precedent  before  the  company  can  exercise  the  rights  intended  to 
be  conveyed  by  the  franchise,  in  these  words: 

"Before  any  rights  hereby  conferred  are  exercised  by  the  company,  and,  within  three  months  from 
"the  date  on  which  this  contract  is  signed  by  the  Mayor,  the  company  shall  pay  to  the  City  of  New 
"York  the  sum  of  $20,385.08,  and,  within  three  months  thereafter,  the  further  sum  of  $31,758.87;  said 
"amounts  being  due  under  the  franchise  of  the  company  granted  to  it  by  the  Legislature  by  Chapter 
"340  of  the  Laws  of  1892" 

and  it  would  appear  unwise  to  approve  of  this  franchise  with  that  conditional  clause  until  the  company 
has  met  the  demands  therein  provided  for.  Non  constat,  if  approved  by  this  Commission,  within  which 
the  company  is  required  to  make  the  first  payment,  it  might  have  the  line  built,  and  then  fail  to  make 
the  payment  and  go  on  and  operate  the  line,  and  would  duplicate  some  of  the  other  situations  that  have 
been  found  to  exist  in  the  city  where  lines  have  been  constructed  under  temporary  permits  pending  the 
application  for  a  franchise,  and  have  continued  their  operation,  and  have  not  proceeded  to  obtain  their 
franchise;  it  being  very  easy  to  see  that,  if  they  could  avoid  payment  to  the  city  of  the  franchise  obli- 
gations in  the  way  of  annual  fees,  they  would  be  quite  large  gainers  financially.  And  it  would  seem 
to  me  that  the  approval  of  this  franchise  should  await  the  removal  of  this  condition,  by  the  payment  by 
the  company  to  the  city  of  the  amounts  therein  specified. 

A  further  objection  might  be  made  to  the  approval  of  the  franchise — the  fact  that  this  company 
has  not  complied  with  the  original  order  of  this  Commission  for  the  filing  of  various  papers;  and  the 
company's  attention  has  been  recently  called  to  the  fact  by  a  letter  from  the  Secretary,  under  date  of 
March  13,  1909.     To  summarize,  the  papers  desired  are  as  follows: 

1.  Franchises   from   the   Village   of  Williamsbridge. 

2.  Franchises  from  the  Village  of  South  Mount  Vernon. 

3.  Franchises  or  permit  authorizing  construction  in  White  Plains  Road  between  Bear  Swamp  Road 

and   Morris   Park  Avenue. 

4.  Franchise  or  permit  for  construction  on  Locust  Avenue,  Port  Morris. 

5.  Trackage  agreements  with  the  New  York  &  Harlem  Railroad  Co.  for  use  of  tracks  on  Madison 

Avenue  Bridge  and  on  Madison  Avenue. 

6.  Track  agreements  with  the  New  York  City  Interborough  Railway  Company. 

7.  Track  agreement  and  all  other  agreements  for  operation  or  equipment  with  the  Southern  Boule- 

vard Railroad  Co. 

8.  Detailed  description  of  real  estate  held  by  Company,  with  certified  copy  of  deeds  for  the  various 

parcels. 

9.  Certificates  of  Extension  of  route  not  included  in  documents  already  filed. 

10.  Certified  copies  of  proceedings  before  the  Board  of  Railroad  Commissioners  relative  to  change 

in  motive  power,  not  included  in  the  "compilation"  of  1894. 

257 


11.  Location  of  all  real  property  leased  by  the  Company. 

12.  Affidavits  of  employees  that  necessary  property  owners'  consents  have  been  secured  in  each  case 

where  necessary,  stating  whether  or  not  the   same   have   been   filed   in   the    County   Clerk's 
office. 

At  the  hearing  Counsel  for  the  company  stated  that  they  would  furnish  these  various  papers,  but 
that  it  would  take  them  about  two  weeks  to  do  so.  This  feature  need  not  be  considered  as  serious  ob- 
jection, for  the  papers  can  doubtless  be  furnished  before  final  action  is  taken. 

There  is  still  another  objection  to  the  approval  of  this  franchise,  which  is  of  vital  importance  to 
a  large  part  of  the  traveling  public  in  the  Bronx.  The  evidence  produced  at  the  hearing  clearly  showed 
that  this  road  is  intended  to  supply  transportation  facilities  between  the  elevated  and  the  Harlem  Railroad 
station  at  Pelham  and  Third  Avenues  and  the  Southern  Boulevard,  being  a  very  short  distance,  a  place 
where  a  great  many  people  travel  on  foot  to  enter  the  Zoological  Gardens  at  Southern  Boulevard  and 
Pelham  Avenue.  At  the  time  the  application  was  made  to  the  Board  of  Estimate  and  Apportionment 
for  this  franchise,  and  application  was  also  made  for  a  franchise  from  the  intersection  of  its  existing 
tracks  at  Sedgwick  Avenue  and  Fordham  Road,  along  Fordham  Road,  Hampton  Place,  West  184th 
Street,  the  University  Heights  Bridge  to  the  Borough  of  Manhattan  to  West  207th  Street,  to  Amster- 
dam or  Tenth  Avenue,  to  Emerson  Street,  and  connecting  with  the  existing  tracks  on  Broadway;  and 
that  application  for  a  franchise  was  agreed  to  between  the  railroad  company  and  the  city,  and  the  reso- 
lutions approving  of  said  franchise  were  approved  by  the  Mayor  on  December  21st,  1908;  and  the  evi- 
dence produced  upon  the  hearing  on  this  application  from  the  President  of  the  Union  Railway  Company 
and  the  Manager  for  the  Receiver  of  its  operations  was  that  it  is  his  intention  to  operate  the  Pelham 
Avenue  line  at  the  present  time  as  an  extension  of  the  Third  Avenue  line,  which  now  operates  between 
129th  Street  and  Bedford  Park.  The  proposed  new  operation  would  be  from  129th  Street  along  Third 
Avenue  to  Pelham  Avenue,  and  then  at  right  angles  over  to  the  Southern  Boulevard,  and  this  line  would 
no  longer  accommodate  the  Bedford  Park  travel.  He  also  stated  that  it  was  his  intention  when  the 
application  was  made  for  this  extension,  and  also  the  extension  over  the  University  Heights  Bridge  un- 
derneath the  subway  at  207th  Street  and  across  to  Broadway  that,  if  both  franchises  were  available, 
then  the  line  would  be  operated  as  a  crosstown  line.  This  is  what  is  demanded,  as  the  section  between 
the  end  of  Pelham  Avenue  at  Third  Avenue  and  Sedgwick  Avenue  is  a  distance  of  not  over  three- 
quarters  of  a  mile,  upon  which  the  Union  Railway  now  has  a  double  track,  and  that  with  the  two  exten- 
sions on  Pelham  Avenue  and  across  University  Heights  Bridge  constitute  a  crosstown  line  not  over 
three  miles  in  length. 

It  also  appeared  that  while  the  bondholders  were  willing  that  the  Receiver  should  execute  the  con- 
tract for  Pelham  Avenue  extension,  they  were  not  willing  that  the  Receiver  should  execute  the  contract 
for  the  extension  from  Sedgwick  Avenue  to  Broadway  in  Manhattan.  This  extension,  in  connection 
with  their  existing  line  on  Fordham  Road  and  the  Pelham  Avenue  Extension,  would  give  a  crosstown 
line,  which  would  intersect  with  the  Kingsbridge  surface  line  on  Broadway  in  Manhattan,  and  with  the 
Broadway  line  of  the  present  subway,  with  the  two  New  York  Central  lines  at  University  Heights,  with 
the  New  York  City  Interborough  Railway  Company's  line  at  Aqueduct  Avenue,  and  with  the  New  York 
and  Harlem  line  at  Park  Avenue,  and  with  the  Third  Avenue  elevated  line  at  Third  and  Pelham  Ave- 
nues, besides  also  intersecting  other  lines  of  the  Union  Railway  at  Third,  Webster  and  Jerome  Avenues. 

I  am  very  strong  in  my  opinion  that  this  Commission  should  not  approve  of  the  franchise  for  the 
Pelham  Avenue  extension  to  be  operated  as  an  extension  of  the  Third  Avenue  line,  and  receive  the 
large  profits  to  be  derived  from  carrying  the  large  crowds  of  people  that  would  go  from  Fordham 
Square  to  Southern  Boulevard,  a  distance  of  only  2,900  feet,  for  a  five  cent  fare,  so  long  as  it  refuses 
to  complete  its  obligations  with  the  city  for  the  other  extension  which  leads  over  into  Manhattan  and 
is  necessary  to  complete  the  proposed   crosstown  line. 

I  would,  therefore,  recommend  that  action  upon  this  application  be  deferred  until  the  franchise 
has  been  amended,  as  herein  suggested,  and  until  the  company  presents  an  application  for  the  ap- 
proval of  the  franchise  for  the  extension  from  Sedgwick  Avenue  to  Broadway  in  Manhattan  over  Uni- 
versity Heights  Bridge. 

Respectfully  submitted, 

(Signed)  J.  E.  EUSTIS, 

Commissioner. 
March  30,  1909. 


258 


New  York,  April  6,   1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  3rd  enclosing  the  opinion  by  Mr.  Eustis  on  my  application  for  your 
approval  of  the  franchise  to  build  between  Fordham  Station  and  the  entrance  to  the  Zoo. 
This  having  been  confirmed  by  the  Commission,  I  understand  that  the  Commission  refuses  to 
approve  the  franchise  granted  by  the  Board  of  Estimate  and  Apportionment  for  the  construction 
of  this  portion  of  the  proposed  line  on  the  Bronx  and  Pelham  Parkway.  This  refusal  is  based 
first — on  the  fact  that  the  Board  of  Estimate  and  Apportionment  inserted  in  the  franchise  cer- 
tain conditions  of  which  your  Commission  disapproves,  second — ^because  I  have  not  asked  for 
the  approval  by  the  Commission  of  a  franchise  for  the  University  Heights  extension,  which 
is  supposed  to  have  been  granted  by  the  Board  of  Estimate.  Neither  of  these  objections 
relate  to  me,  nor  is  it  within  my  power  to  remove  them.  So  far  as  your  differences  with 
the  Board  of  Estimate  and  Apportionment  are  concerned,  I  can  only  say — may  the  best  man  win, 
although  it  seems  to  me,  in  stating  your  objections,  you  have  in  one  or  two  places  travelled  far 
beyond  the  Statute  under  which  you  exist  and  have  invaded  the  province  of  the  Board  of 
Estimate. 

In  the  second  case,  the  proposed  University  Heights  franchise  is  not  before  you,  and  I  do 
not  see  how  a  Body  with  such  a  passion  for  regularity  as  yours  could  take  judicial  notice  of  it. 
Since,  however,  you  have  done  so,  I  wish  to  say  that  I  was  anxious  to  build  the  University 
Heights  extension,  but  Mr.  John  M.  Bowers,  Counsel  for  the  Third  Avenue  Bondholders'  Com- 
mittee, found  good  reasons  for  opposing  that  franchise.  I  shall  be  very  glad  if  you  will  take 
that  matter  up  with  him  and  see  if  you  can  remove  the  obstacles  to  its  construction. 

Mr.  Eustis'  opinion  speaks  of  the  extension  to  the  Zoo  as  "carrying  the  large  crowds  of 
people  that  go  from  Fordham  Station  to  the  Southern  Boulevard,"  and  he  concludes  that  I 
ought  not  to  be  allowed  to  build  a  road  to  carry  them.  This  appears  to  me  to  be  a  really 
colossal  non  sequitur,  and  I  may  add  in  relation  to  this  Zoo  extension  that  it  never  had.  any 
relation  to  the  University  Heights  extension  at  all,  but  was  intended  to  be  a  portion  of  a  line 
to  the  Pelham  Bay  Park.  It  originated  in  my  own  observation  of  the  large  numbers  of  people 
who  walk  to  the  entrance  of  the  Zoological  Gardens,  and  who  would,  I  thought,  be  grateful  to 
have  cars  to  ride  in.  The  existing  line  in  connection  with  which  those  cars  might  be  .run  was 
never  determined  or  even  considered  by  me.  Finally  you  will  permit  me  to  say  that  I  think  it  is 
a  ridiculous  thing  that  the  public  should  be  deprived  by  the  Public  Service  Commission  of  an 
extension  which  would  accommodate  so  many  people,  because  that  Commission  chooses  to  be  at 
loggerheads  with  the  Board  of  Estimate  and  Apportionment,  and  because  another  line  some- 
where else,  which  it  has  heard  of,  is  not  now  proposed  to  be  built. 

Yours  truly, 

Receiver. 


259 


New  York,  April  7,   1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  enclose  herewith  a  circular  to  the  employees  of  the  Third  Avenue  System,  in  respect  to 
the  opening  of  the  Club  Rooms  on  Monday  next.  I  wish  you  would  be  good  enough  to  call 
attention  of  the  members  of  the  Commission  to  this,  and  say  that  I  shall  be  very  happy  if  they 
or  any  of  them  together  with  yourself  or  any  of  your  colleagues  would  do  me  the  honor  to  come 

here  during  the  day  and  see  what  we  are  doing. 

Yours  truly. 


Enclosure : 


Receiver. 


New  York,  April  8,  1909. 
Frederick  W.  Whitridge,  Esq.,  Receiver, 

Third  Avenue  Railroad  Company, 

130th  St.,  &  Third  Ave.,  New  York. 

Dear  Sir:— 

I  beg  to  acknowledge  receipt  of  your  letter  of  April  7th  in  regard  to  the  opening  on  MoAday  next 
of  the  Club  Rooms  for  the  employees  of  the  Third  Avenue  Railroad  Company. 

I  shall  be  very  glad  to  call  the  attention  of  the  Commission  to  your  very  kind  invitation  to  be 
present  at  the  opening. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
WJN/EH  Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  April  7th,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

Referring  to  your  correspondence  some  time  ago  about  the  service  on  the  42nd  Street  Road, 
I  beg  to  say  that  I  have  completely  changed  that  force,  having  gotten  rid  of  nearly  all  the  old 
inspectors  and  several  of  the  motormen,  all  together  about  fifty  employees,  and  I  am  now  ac- 
cused of  being  a  tool  of  the  Knights  of  Columbus  (whatever  they  are).  I  enclose  a  circular 
herewith  -to  the  employees  of  that  Road  in  answer  to  one  of  the  protests,  which  may  be  of 

interest  to  you. 

Yours  very  truly, 

Enclosure :  Receiver. 


New  York,  April  i,  1909. 
To  the  Employees  of  the 

42nd  Street  Railroad: 

I  have  received  from  a  man  who  calls  himself  "an  abused  employee"  a  letter  complaining  of 

various  changes  which  have  been  made  in  the  force  of  this  Road.     I  reply  thereto  that,  for  the 

260 


past  few  months  I  have  had  more  complaints  about  the  service  of  the  42nd  Street  Road  than 
from  all  other  parts  of  this  system  put  together.  In  consequence  of  that,  I  had  a  special  ex- 
amination made,  and  no  less  than  three  hundred  violations  of  the  rules  were  reported  to  me 
to  have  been  committed  within  a  week.  About  the  same  time  the  Public  Service  Commission 
set  their  inspectors  at  work  and  amply  confirmed  my  own  investigations.  In  view  of  those  re- 
ports, I  directed  the  discharge  of  the  various  officers  and  the  changes  which  have  taken  place. 

So  far  as  the  particular  complaint  of  the  "abused  employee"  is  concerned,  I  wish  you  to 
know  that  the  changes  which  have  been  made,  have  been  made  by  me  personally,  and  not  in 
consequence  of  any  such  rubbish  as  the  "abused  empiloyee"  thinks. 

I  am  always  glad  to  receive  any  complaints  from  the  employees  of  this  Road,  and  I 
promise  you  that  I  will  examine  and  act  on  them.  I  think,  however,  that  it  is  more  manly  and 
straightforward,  if  a  man  has  a  just  complaint,  to  let  me  know  who  he  is. 

Receiver. 


Frederick  W.  Whitridge,  Esq.,  New  York,  April  12,  1909. 

Receiver,  Third  Avenue  Railroad  Co., 
130th  Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir: 

Receipt  is  acknowledged  of  your  letter  of  the  7th  inst.  with  reference  to  certain  changes  in  the 
officials  of  the  42nd  Street  road  and  enclosing  copy  of  a  circular  letter  addressed  to  the  employes  of 
that  road. 

Yours  very  truly, 
GFD/CWT  TRAVIS  H.  WHITNEY, 

Secretary. 

At  a  Meeting  of  the  Public  Service  Commission  for  the  First  District,  duly  held 
at  its  office,  No.  154  Nassau  Street,  Borough  of  Manhattan,  City  and  State 
of  New  York,  on  the  9th  day  of  April,  1909. 

Present:  ' 

William  McCarroll, 

Acting  Chairman; 

Edward  M.  Bassett,  ^Commissioners. 

Milo  R.   Maltbie, 
John  E.  Eustis, 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter 

of  the  f  Case  No.   1086. 

^     _^  ^  ,        Amended  Order 

Application  of  THE  THIRD  AVENUE  RAILROAD  COMPANY  for  the  Per->       Granting  Applica- 
mission  and  Approval  of  this  Commission  to  the  Construction  and  Operation  off       .tion. 
an  extension  of  the  Street  Surface  Railroad  on  Fort  George  Avenue,  Borough  of  \ 
Manhattan,   City  of  New  York.  I 

Whereas,  an  order  was   duly  made  on  the  26th  day  of  March,  1909,  in  the  above  entitled  matter 
granting  to  The  Third   Avenue   Railroad   Company  the    permission    and   approval    of   the    Commission 

261 


to  the  construction  and  operation  of  an  extension  of  its  line  on  Fort  George  Avenue  in  the  Borough  of 
Manhattan,  City  of  New  York,  said  order  containing  the  following  clause, — 

"IT  IS  FURTHER  ORDERED,  That  this  order  shall  take  effect  immediately,  and  shall  continue 
in  force  until  such  time  as  the  Public  Service  Commission  for  the  First  District  shall  otherwise  order"; 
And 

Whereas,  Application  has  been  made  by  the  said  Railroad  Company  to  the  Commission  to  amend 
and  re-enter  the  said  order,  omitting  the  said  clause,  and  it  appears  to  the  Commission  that  the  request 
is  reasonable  and  should  be  granted. 

NOW,  THEREFORE, 

RESOLVED,  That  the  said  order  be  and  the  same  hereby  is  amended  and  modified  nutic  pro  tunc 
as  of  the  26th  day  of  March,  1909,  so  as  to  read  as  follows: 


At  a  Meeting  of  the  Public  Service  Commission  for  the  First  District,  duly  held 
at  its  office,  No.  154  Nassau  Street,  Borough  of  Manhattan,  City  and  State 
of  New  York,  on  the  26th  day  of  March,  1909. 

Present : 

William  R.  Willcox.  "^ 

Chairman ; 

John  E.  Eustis,  i  ^ 

^tT-ii-         -xr  /-«         If     r  Commissioners. 

William  McCarroll, 

Edward  M.  Bassett, 

Milo  R.  Maltbie, 


STATE  OF  NEW  YORK,- 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter 
of  the 

Application  of  THE  THIRD  AVENUE  RAILROAD  COMPANY  for  the  Per-\    ^  Ord^r°Gr*^dn 
mission  and  Approval  of  this  Commission  to  the  Construction  and  Operation  off         App^kation"  '"^ 
an  extension  of  the  Street  Surface  Railroad  on  Fort  George  Avenue,  Borough  oi\ 
Manhattan,  City  of  New  York. 

THE  THIRD  AVENUE  RAILROAD  COMPANY  having  made  application  to  the  Public  Service 
Commission  for  the  First  District  by  a  petition,  duly  verified  and  filed,  and  accompanied  by  the  docu- 
ments required. by  the  rules  of  practice  of  the  Commission  for  the  permission  and  approval  of  the  Com- 
mission to  the  construction  and  operation  of  an  extension  of  its  street  surface  railroad  upon  the  route 
aescribed  in  its  statement  of  proposed  extension  duly  filed  pursuant  to  Section  90  of  the  Railroad  Law 
with  the  Secretary  of  State  and  with  the  County  Clerk  of  New  York  County,  and  in  the  franchise 
granted  to  said  company  by  the  city  of  New  York  under  date  of  March  4,  1909,  and  being  franchise 
granted  to  said  company  by  the  City  of  a  full  description  of  said  route  being  hereinafter  set  forth; 

And  the  Commission  having  fixed  Friday,  March  19,  1909,  at  2.30  o'clock  in  the  afternoon,  at  the 
office  of  the  Commission  at  No.  154  Nassau  Street,  Borough  of  Manhattan,  City  of  New  York,  for  a 
hearing  upon  said  petition,  and  having  directed  that  a  notice  of  said  application  and  hearing  contain- 
ing a  description  of  the  route  in  and  upon  which  the  company  proposes  to  construct  and  operate 
said  extension,  be  published  in  certain  newspapers  and  at  certain  times  specified  by  the  Commission, 
and  said  hearing  having  been  had  by  and  before  the  Commission  at  the  place  aforesaid  on  March  19, 
1909,  and  on  March  23,  1909,  Commissioner  Maltbie  presiding;  and  the  said  applicant.  The  Third  Avenue 
Railroad  Company,  having  appeared  upon  said  hearing  by  Henry  A.  Robinson,  its  counsel,  and  having 
presented  proof  of  publication  of  notice  of  such  application  and  hearing,  as  required  by  the  Commission, 
and  having  presented  its  proofs,  whereby  it  satisfied  the  Commission  that  the  construction  and  opera- 

262 


tion  of  said  extension  is  necessary  and  convenient  for  the  public  service;  and  the  Commission  having 
determined,  after  said  hearing,  that  the  constructioa  and  operation  of  the  extension  of  said  company's 
road,  as  described  in  the  statement  of  proposed  extension  thereof,  filed  with  the  Secretary  of  State  and 
with  the  County  Clerk  of  New  York  County,  and  as  described  in  said  franchise,  is  necessary  and  con- 
venient  for  the   public   service ;   now,   therefore,   it   is 

ORDERED,  That  said  application  be  and  the  same  hereby  is  granted;  that  the  permission  and 
approval  of  the  Public  Service  Commission  for  the  First  District  is  hereby  granted  to  the  construction 
and  operation  by  The  Third  Avenue  Railroad  Company  of  the  extension  of  said  company's  line  upon 
the  route  and  as  described  in  its  statement  of  proposed  extension,  duly  filed  with  the  Secretary  of  State 
and  with  the  County  Clerk  of  New  York  County,  and  as  described  in  said  franchise,  as  aforesaid,  said 
route  being  described  in  said  statement  and   in  said  franchise  as  follows: — 

"Beginning  and  connecting  with  the  existing  double-track  street  surface  railway  on  Amsterdam 
Avenue,  at  or  near  the  intersection  of  said  avenue  with  Fort  George  Avenue;  thence  northerly,  west- 
erly and  southerly  in,  upon  and  along  said  Fort  George  Avenue  as  it  winds  and  turns,  to  its  intersec- 
tion with  Audubon  Avenue,  with  a  loop  terminal  at  said  intersection,  to  be  constructed  within  the 
present  roadway  of  said   Fort  George   Avenue." 

The  permission  and  approval  hereby  granted  shall  not  be  construed  as  an  approval  by  the  Com- 
mission of  the  contract  regarding  said  proposed  extension  entered  into  between  said  company  by  Fred- 
erick W.  Whitridge,  Receiver,  on  the  one  hand,  and  the  City  of  New  York  on  the  other  hand,  dated 
March  4,  1909,  except  as  to  the  grant  of  the  right  to  construct  and  operate  an  extension  of  said  com- 
pany's line  over  the  route  above  described. 


New  York,  April  12,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  received  from  the  Commission  the  amended  order  in  Case  No.  1086,  for  which  I  am 
much  obliged  to  you,  and  upon  which,  if  you  permit  me  to  do  so,  I  desire  to  congratulate  the 
Commission  upon  the  common  sense  which  they  have  displayed  in  this  matter. 

Yours  truly, 

Receiver. 


New  York,  April  12,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

In  the  matter  of  the  application  of  the  Union  Railway  Company   for  permission  to  build 

the  extension  on  Pelham  Avenue,  will  you  be  good  enough  to  inform  me  whether  or  not  the 

opinion  by  Commissioner  Eustis,  of  which  you  sent  me  a  copy,  is  to  be  regarded  by  me  as  the 

final  order  of  the  Commission.  Will  you  also  be  good  enough  to  direct,  a  copy  of  the  testimony 

taken  in  this  case,  to  be  sent  to  me. 

Yours  truly. 

Receiver. 
263 


New   York,  April   13,   1909. 
F.  W.  Whitridge,  Esq.,  Receiver, 

Third  Avenue  Railroad  Company, 

130th   St.  &  Third  Ave.,  Manhattan. 

Dear  Sir: — 

Replying  to  your  letter  of  yesterday  inquiring  as  to  the  final  order  in  the  Pelham  Avenue  exten- 
sion matter,  I  beg  to  advise  that  this  part  of  your  letter  is  receiving  the  attention  of  Commissioner 
Eustis.  The  Law  Reporting  Company,  at  67  Wall  Street,  distribute  all  copies  of  the  testimony  taken  at 
the  hearings  of  this  Commission,  and  I  beg  to  refer  you  to  them  for  the  testimony  you  desire. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
AM/EH  Secretary. 


New  York,  April   19,   1909. 
Frederick   W.   Whitridge,   Esq., 

Receiver,  Third  Avenue  Railroad  Co., 

130th  Street  and  Broadway, 

New  York  City. 

Dear  Sir: 

The  following  is  a  copy  of  a  report  by  one  of  our  inspectors: — ■ 

The  Union  Railway  in  the  Borough  of  the  Bronx  in  order  to  get  cars  to  their  lines  which  are 
some  distance  from  their  barns,  operate  dark  cars  between  regular  cars  on  lines  adjacent  to  the  barns. 
For  instance,  one  barn  is  located  on  Webster  Ave.  just  north  of  McLean  Ave.  and  this  barn  is  used  as 
headquarters  for  cars  of  the  Jerome  Ave.  line.  To  get  these  cars  to  Jerome  Ave.  it  is  necessary  to  move 
them  on  Webster  Ave.. and  also  on  3rd  Ave.  to  l6ist  St.  crosstown  or  Burnside  Ave.  crosstown,  and 
so  over  to  Jerome  Ave. 

These  dark  cars  should  carry  signs  "No  Passengers,"  "Special,"  etc.,  and  the  shades  should  be 
drawn.  At  present  the  signs  are  Jerome  Ave.  or  City  Line,  the  shades  are  left  up,  and  the  cars  are  to  all 
appearances  in  service  except  that  the  rear  gate  is  closed,  which  of  course,  is  not  apparent  to  a  citizen 
hailing  a  car.  I  have  noticed  several  instances  where  parties  have  attempted  to  stop  these  cars  and  even 
attempt  to  climb  aboard,  only  to  find  the  gate  closed.  Serious  inconvenience  and  some  danger  results 
from  this  carelessness  on  the  part  of  the  railway  employees. 

The  matter  is  one  which  seems  to  require  correction  and  is  submitted  with  request  that  you  inform 
the  Commission  by  April  29th  of  the  action  which  will  be  taken  in  the  premises. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
GFD/CWT  Secretary. 


New  York,  April  20th,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  19th.  It  is  a  fact  that  we  are  obliged,  in  consequence  of  what  I  hope 
is  only  our  temporary  inability  to  use  the  barns  over  the  City  Line,  to  run  a  certain  number  of 
dark  cars  to  the  Webster  Avenue  Barn.  The  orders  are,  of  course,  that  the  cars  should  be  shut 
and  the  shades  drawn.  When  your  inspector  says  that  he  has  noticed  several  instances  where 
parties  have  attempted  to  stop  these  cars  and  even  attempted  to  climb  aboard,  but  does  not  give 
names,  place,  or  time  of  the  occurrence,  I  venture  to  say,  by  the  exercise  of  one  of  the  few 
rights  left  to  me,  that  I  do  not  believe  it.     Probably  that  particular  inspector  has  never  heard 

264 


of  the  French  maxim — "Pas  trop  de  zele."     Certainly,  however,  I  will  reiterate  the  orders  which 
have  already  been  given,  to  prevent  any  citizen  or  even  any  inspector  from  being  misled. 

Yours  truly, 

Receiver. 


New  York,  April  22,  1909. 
F.  W.  Whitridge,  Esq., 
Receiver,  42d  St.,  Manhattanville 
&  St.  Nicholas  Ave.  Ry.  Co., 
130th  Street  and  Third  Avenue, 
New   York   City. 

Dear  Sir: — ■ 

On  April  ■;  A.  S.  Wheeler,  Manager  of  the  Charles  E.  Ellis  Real  Estate  Co.,  607  West  43d  Street, 
made  complaint  of  the  manner  of  operating  the  cars  of  the  42d  Street  Line  across  the  New  York  Cen- 
tral tracks  at  nth  Avenue.  He  states  that  the  practice  is  for  the  conductor  to  walk  to  the  tracks  and 
"beckons  to  the  motorman,  who  immediately  starts  his  car,  frequently  not  even  waiting  the  conductor's 
signal.  If  a  passenger  going  east  desires  to  board  a  34th  Street  car  on  the  east  side  of  nth  Avenue 
and  42d  Street,  he  is  in  danger  of  his  life  from  the  oncoming  westbound  42d  Street  Crosstown  car, 
which,  more  often  than  not,  fails  to  stop  until  it  has  crossed  from  five  to  ten  feet  beyond  the  street 
crossing." 

Inspection  made  by  our  representative  seems  to  corroborate  the  statements  of  the  complainant.  It 
was  found  that  not  unfrequently  the  conductors  walk  slowly  toward  the  intersection,  their  cars  time 
following  closely  and  sometimes  reaching  the  intersecting  tracks  practically  at  the  same  time  as  the 
conductor.  As  the  car  passes,  the  conductor  boards  it.  It  is  presumed  that  under  the  instructions  to 
conductors  and  motormen  now  in  force,  the  conductor  is  expected  to  walk  ahead  to  the  crossing,  look 
up  and  down  the  tracks  and  then  give  the  motorman  a  signal  to  proceed,  and  that  the  practices  com- 
plained of  are  due  to  the  failure  of  conductors  and  motormen  to  obey  instructions.  The  safer  practice 
would  seem  to  be  for  the  conductor,  after  going  ahead  and  seeing  that  the  track  is  clear,  to  go  back  to 
his  car  before  permitting  it  to  go  ahead.  This  rule  is  followed  by  the  cars  of  other  companies  at  the 
same  crossing,  and  it  was  noted  that  it  prevents  carelessness,  and  failure  on  the  part  of  conductors  to 
observe  the  rules. 

Please  give  the  matter  of  the  complaint  proper  attention  and  advise  by  May  2d  what  action  has 
been  taken  to  make  the  operation  at  that  point  safer. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
GFD/TM  Secretary. 

C-3358. 


New  York,  April  2.6,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  24th  concerning  the  complaint  of  Mr.   A.   S.   Wheeler.     The   rule  in 
respect  to  this  matter  formerly  permitted  the  conductor  to  go  forward  and  beckon  the  motorman 
to  come  forward  with  his  car.     The  rule  was  changed  some  time  ago  and  is  now  correctly  stated 
.  in  your  letter. 

As  is  the  difficulty  with  so  many  rules,  it  is  easier  to  order  than  to  get  obedience,  and  if 
your  representative  or  your  complainant  would  be  good  enough  to  give  me  the  name  or  the  num- 
ber of  any  motormen  who  are  offenders  against  that  rule,  it  would  be  possible  for  me  to  deal  with 

265 


them,  but  in  the  absence  of  that  information,  I  can  only  reiterate  the  order.    My  experience  is  that 

one  man  punished  is  worth  any  amount  of  reiteration  of  rules,  and  if  I  can  find  out  who  is 

guilty,  I  shall  punish  them  quickly. 

Yours  very  truly, 

Receiver. 


Harold    M.    Phillips 
Attorney  and  Counselor  at  Law 
271  Broadway 
Public  Service   Commission,  New  York,  April  20th,  1909. 

New  York  City,  N.  Y. 

Gentlemen: — 

I  am  the  attorney  for  the  Greater  New  York  Tax  Payers  Association,  consisting  of  about  four  hun- 
dred and  fifty  real  estate  owners  whose  property  is  mainly  located  in  the  crowded  sections  of  the 
East  Side.  Attention  of  the  association  has  been  drawn  to  the  condition  of  the  car  tracks  located  in 
Lewis  and  Columbia  Streets,  and  to  the  service  accorded  to  the  public  on  these  tracks  by  the  Car  com- 
pany, controlling  the  road.  Complaint  is  made  that  the  company  does  not  run  cars  with  the  frequency 
required  by  law,  and  that  the  tracks  are  frequently  neglected,  causing  property  in  that  section  of  the  city 
to  decrease  in  value,  without  the  comforts  to  residents  of  the  section,  that  would  accrue  from  the 
running  of  the  cars  upon  said  tracks. 

Trusting  that  your  Department  will  give  this  matter  some  attention,  I  am 

Very  truly  yours, 

(Signed)     H.  M.  PHILLIPS. 


Travis  H.  Whitney,  Esq.,  New  York,  April  26,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir : 

I  have  yours  of  the  21st  enclosing  the  complaint  of  H.  M.  Phillips.     In  reply  thereto  I  beg 

to  enclose  copy  of  a  report  made  to  me  by  the  Superintendent  of  the  Dry  Dock  Road.     Pending 

the  re-organization  of  this  Company,  I  regret  that  I  do  not  see  my  way  to  doing  anything  about 

the  matter. 

Yours  truly, 

Receiver. 


H.  M.  Phillips,  Esq.,  New  York,  April  26th,  1909. 

271  Broadway, 

New  York  City. 

My  dear  Sir: 

I  send  you  herewith  copy  of  my  reply  to  the  Public  Service  Commission  in  answer  to  your 

complaint. 

Yours  truly. 

Enclosures:  2  Receiver. 

266 


New   York,   April   24th,    1909. 
Memorandum. 

Service  on  the  streets  mentioned  in  the  complaint  of  H.  M.  Phillips  formed  a  part  of  the  Avenue 
"D"  Division  of  the  Dry  Dock  Company,  and  was  discontinued  by  the  New  York  City  Railway  Company 
on  October  23rd,  1903,  and  since  that  date  one  car  has  been  operated  over  the  route  in  question,  one  trip 
per  day. 

The  tracks  on  Columbia  and  Lewis  Streets,  between  Grand  and  Houston  Street,  are  in  bad  condi- 
tion, owing  to  the  character  of  the  rails  and  the  length   of  time  they   have  been  in  service. 

To  place  the  tracks  in  condition  for  more  frequent  operation  would  entail  considerable  expense, 
and  we  are  advised  that  the  reason  for  abandoming  the  route  by  the  New  York  City  Railway  Company, 
was  because  of  the  almost  absolute  lack  of  patronage,  with  a  consequent  loss  from  daily  operation. 


Frederick  W.  Whitridge,  Esq.,  Receiver,  New  York,  April  26,  1909. 

Third  Avenue  Railroad  Co.  system, 
6sth  Street  &  Third  Avenue, 

New  York  City. 
Dear  Sir: — 

The  quarterly  report  for  the  period  ended  March  31,  1909,  which  is  now  returnable,  will  be  made 
upon  the  existing  blank  forms,  as  the  new  forms  based  on  the  Uniform  System  of  Accounts  for  Street 
and  Electric  Railways  adopted  December  8,  1908,  are  not  yet  ready  for  distribution.  Companies  may 
make  such  alterations  in  the  items  of  the  balance  sheet  as  are  necessary  to  bring  the  same  into  con- 
formity with  the  accounts  kept  in  pursuance  of  the  accounting  order. 

The  reports  must  be  filed  not  later  than  May  12  unless  an  extension  of  time  has  been  granted  by 
the  Commission  prior  to  that  date.    A  copy  of  the  rule  governing  application  for  extension  is  enclosed. 

Very  truly  yours, 
AFW/ARB  TRAVIS  H.  WHITNEY, 

Rule  XXVI  enclosed.  Secretary. 


STATE  OF  NEW  YORK 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT 

RULE  XXVI  OF  THE  RULES  OF  PROCEDURE  OF  THE  PUBLIC  SERVICE  COMMISSION 
FOR  THE  FIRST  DISTRICT,  ADOPTED  FEBRUARY  23,  1909, 
Governing  Application  for  Extension  of  Time  to   File   Reports. 

RULE  XXVI. — Application  for  Extension  of  Time  for  Making  and  Filing  of  Reports. — An  ap- 
plication by  any  corporation  or  person  for  an  extension  of  the  time  within  which  it  is  required  to 
make  and  file  any  report  with  the  Commission  shall  be  in  writing,  by  verified  petition,  filed  before  the 
expiration  of  the  period  extension  of  which  is  deemed  necessary,  and  setting  forth  in  detail  (i) 
what,  if  any,  effort  has  been  made  by  the  applicant  to  prepare  such  report;  (2)  any  facts  tending  to 
show  why  the  said  report  cannot  be  made  and  filed  within  the  time  prescribed;  (3)  any  other  facts 
which  may  make  an  extension  of  time  necessary  or  proper;  (4)  the  further  period  of  time  deemed  nec- 
essary by  the  applicant  within  which  to  make  and  file  such  report.  The  Commission  may  hold  a  hear- 
ing upon  said  petition  and  in  that  event  the  applicant  shall  attend  before  the  Commissioner  pre- 
siding and   produce   such   witnesses  and   documents    in    the    matter   as    the    Commission    shall    require. 

Travis  H.  Whitney,  Esq.,  New  York,  April  29th,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir : 

I  have  yours  of  the  26th,  which  I  understand  to  mean  that  the  Commission  is  contemplating 

some  further  changes  in  the  form  of  accounts  and  that  another  order  in  respect  thereto  may  be 

expected   as   the    Seasons   unfold. 

267 


I  also  note  that  "Companies  may  make  such  alterations  to  the  items  of  the  Balance  Sheet 
as  are  necessary  to  bring  the  same  in  conformity  with  the  accounts  kept  in  pursuance  with  the 
accounting  order."  I  am  very  happy  to  have  that  information.  I  have  no  doubt  that  there  is 
somebody  in  my  employ  who  understands  what  it  means. 

I  am  anxious  to  be  particular  and  precise  about  these  matters,  for  you  have  already  brought 
nine  suits  against  me  for  violation  of  some  of  x^^r  rules,  orders  or  regulations  in  respect  to 
accounts,  and  I  do  not  wish  to  run  the  danger  of  your  being  able  to  collect  any  penalties  which 
will  deplete  my  resources,  through  my  inability  to  comprehend  what  you  want. 

Yours  truly. 

Receiver. 


Frederick  W.  Whitridge,  Esq.,  Rec,  New  York,  April  27,  1909. 

Third  Avenue  Railroad  Co., 

130th   St.    &  3rd   Ave.,   City. 

Dear  Sir: 

I   transmit  herewith  a   certified  copy  of   Final  Order  in  Case  No.  1047,  which  covers  the  use  of 
fenders  and  wheel-guards  in  the  Borough  of   Manhattan  and  the  Bronx,  adopted  by  the  Commission 

at  its  meeting  today. 

Yours   very  truly, 
AM/PG  TRAVIS  H.  WHITNEY, 

Enc.  Secretary. 


At  a  Meeting  of  the  Public  Service  Commission  for  the  First  District,  duly  held 
at  its  office  Number  154  Nassau  Street,  in  the  Borough  of  Manhattan, 
City    and    State    of    New  York,  on  the  27th   day  of  April,   1909. 


Present: 

William  R.  Willcox, 

Chairman. 
William  M'Carroll, 
Milo  R.  Maltbie, 
John  E.  Eustis, 


>-  Commissioners. 


In  the  Matter 

of  the 

Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  Improvement  in 
and  Addition  to  the  Service  and  Equipment  of  the  METROPOLITAN  STREET 
RAILWAY  COMPANY  and  ADRIAN  H.  JOLINE  and  DOUGLAS  ROBIN- 
SON, its  Receivers;  THIRD  AVENUE  RAILROAD  COMPANY  and  FRED- 
ERICK W.  WHITRIDGE,  its  Receiver,  et  al.,  in  respect  to  Fenders  and  Wheel 
Guards  and  Safety  Devices  used  in  connection  therewith  on  surface  cars  operated 
in  the  Boroughs  of  Manhattan  and  the  Bronx,  City  of  New  York. 


Case  No.  1047. 
Final  Order. 


After  a   hearing  duly  held  in   the   above   entitled  matter  before  Mr.  Commissiqner  Maltbie  on  the 
4th,  nth  and  25th  days  of  February,  1909,  and  the  2d  day  of  March,  1909,  it  is 

ORDERED:     That  the  companies  and  the  Re::eivers  above  named  on  or  before  August  ist,  1909, 
equip   all   their   cars   in  service,   except  those   operated   by  animal   power,  with  a  wheel   guard  at   each 

268 


end  of  the  car,  of  a  type  which  shall  have  been  approved  by  the  Public  Service  Commission  for 
the  First  District,  and  that  thereafter  said  companies  and  said  Receivers  shall  not  put  in  service 
any  cars,  except  those  operated  by  animal  power,  until  they  shall  have  been  equipped  with  wheel 
guards  as  aforesaid,  and  that  they  maintain  all  of  said  wheel  guards  in  a  good  operating  condition; 
and  it  is  further 

ORDERED:  That  said  companies  and  said  Receivers,  on  or  before  May  15th,  1909,  submit  to  the 
Public  Service  Commission  for  the  First  District  for  its  approval  complete  drawings  and  specifica- 
tions, showing  among  other  things  all  measurements  and  the  method  of  attachment  to  the  car,  of 
the  type  or  types  of  wheel  guards  intended  or  desired  to  be  used  by  them,  in  compliance  with  this 
order;  and  it  is  further 

ORDERED:  That  this  order  shall  take  efifect  on  April  28th,  1909,  and  shall  remain  in  force  un- 
til revoked  or  modified;  and  it  is  further 

ORDERED :  That  within  five  days  after  service  of  a  copy  of  this  order  upon  them,  said  companies 
and  said  Receivers  shall  notify  the  Public  Service  Commission  for  the  First  District  whether  this  order 
is  accepted  and  will  be  obeyed. 

New  York,  April  29th,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  your  four  favors  of  the  27th  addressed  to  me  as  Receiver  of  the  Third  Avenue  Rail- 
road Company,  the  42nd  Street,  Manhattanville  &  St.  Nicholas  Ave.  Ry.  Company,  the  Dry 
Dock,  East  Broadway  &  Battery  Railroad  Company,  and  the  Union  Railway  Company. 

The  Commission  is  aware  that  I  ordered  the  Hudson-Bowring  Life  Guards  installed  on  my 
cars  some  months  ago,  and  the  work  has  been  going  along  continually.  I  do  not  think  that  I 
have  any  plans  or  specifications  of  the  apparatus,  as  my  contract  covers  the  installation,  but  I  will 
ask  the  manufacturers  for  them  and  I  presume  that  measurements  can  also  be  obtained  and  the 
method  of  attachment  to  the  car  described  in  such  a  way  as  to  be  satisfactory  to  your  various 
bureaus,  though  I  myself  have  no  use  for  them. 

Yours  truly. 

Receiver. 


New  York,  May  ist,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir : 

The  Third  Avenue  Railroad  Company's  Fort  George  Loop  order  having  been  amended  by 

striking  out  the  provision  which  limited  its  continuance  until  cancelled  by  the  Public   Service 

Commission,  I  suggest  that  the  Order  in  the  matter  of  the  Bronx  Traction  Company,  Case  No. 

1059,  be  amended  accordingly. 

Yours  truly, 

Receiver. 
269 


Frederick  W.  Whitridge,  Esq.,  New  York,  May  4,  1909. 

Receiver,  Union  Railway   Company, 
130th  St.  &  Third  Ave.,  N.  Y.  C. 

Dear  Sir: 

I   transmit  herewith   copy  of   Supplemental  Opinion   of   Commissioner   Eustis   in   Case   No.    1085, 
as   adopted   by  the   Commission   at   its   meeting   to-day. 

Yours   very  truly, 
AM/SZ  •  ■    TRAVIS   H.  WHITNEY, 

Enc.  Secretary. 


In  the  Matter 

of  the 

Application  of  the  UNION   RAILWAY   COMPANY  OF   NEW   YORK  CITY  )   Case  No.   1085. 
for  the  permission  and  approval  of  this  Commission  to  the  Construction  and  Opera- 
tion of  an  Extension  of  its  Street  Surface  Railroad  on  Pelham  Avenue,  Borough 
of  The  Bronx,  City  of  New  York. 

SUPPLEMENTAL    OPINION. 

In  my  former  opinion,  reported  to  the  Commission  on  April  2,  1909,  I  recommended  that  no  ac- 
tion be  taken  until  the  franchise  has  been  amended  and  another  application  presented  for  the  approval 
of  another  franchise  leading  from  Sedgwick  Avenue  in  the  Bronx  to  Broadway  in  Manhattan  across 
University  Heights  Bridge.  Since  rendering  that  opinion  I  have  had  several  interviews  with  the 
representatives  of  the  parties  in  interest. 

One  of  the  serious  objections  made  in  the  former  opinion  was  of  a  condition  contained  in  the  fran- 
chise whereby  the  company  was  to  pay  to  the  City  of  New  York  two  sums,  one  of  $20,385.08,  and  the 
other  of  $31,758.87,  before  any  rights  conferred  by  the  franchise  were  to  be  exercised  by  the  company. 

Frederick  W.  Whitridge,  the  Receiver  of  this  company,  has  agreed,  if  action  is  taken  upon  his 
application,  to  eliminate  this  condition  by  paying  to  the  city  these  amounts  at  once. 

The  other  conditions  of  the  franchise  that  are  objectionable  are  those  that  relate  to  the  regulation 
of  the  service  of  the  company  by  the  Board  of  Estimate,  duties  that  are  imposed  upon  this  Commis- 
sion by  the  Public  Service  Law,  and  can  be  overcome  in  this  case  as  in  the  case  of  the  Bronx  Trac- 
tion Company  application  for  approval  of  franchise  on  Clason's  Point  Road  by  a  reservation  in  the 
certificate. 

I  have  been  advised  by  our  Franchise  Bureau  that  the  papers  mentioned  in  my  previous  opinion 
as   not  having  been  filed  with  the  Commission  have  since  been  received. 

The  remaining  objection  was  the  failure  of  the  company  to  take  from  the  city  the  other  franchise 
granted   at   the   same   time,   to   complete   this   crosstown  line. 

I  am  satisfied  now  that  it  will  be  impossible  for  the  Receiver  to  comply  with  that  request.  The 
bondholders  of  the  line  have  refused  to  allow  the  Receiver  the  privilege  of  doing  this,  or  furnishing 
the  money,  and  without  the  approval  of  the  bondholders  the  court  would  not  sanction  this  expense, 
by  the  Receiver,  and  I  am  assured  by  the  Receiver  himself  that  this  part  of  the  crosstown  line  will 
have  to  remain  in  abeyance  until  the  reorganization  of  the  company,  which  he  thinks  will  certainly 
take  place  before  the  end  of  the  present  year.  And,  in  view  of  the  fact  that  the  building  of  this  line 
would  to  a  certain  extent  serve  some  of  the  people  that  would  be  served  by  the  complete  crosstown 
line,  and  considering  that  the  Receiver  has  the  authority  to  build  this  line  at  the  present  time  and 
the  money  provided  therefor,  it  would,  in  my  opinion,  be  unwise  to  longer  defer  action  upon  this 
application. 

I   would,  therefore,  recommend  that,  if  the   Receiver   removes    the    conditional   provisions    in    the 

franchise  by  producing  to  the  Commission  a  receipt  showing  that  he  has  paid  the  above  mentioned  sums 

to  the  City  of  New  York,  the  application  be  granted,   with    the    reservation    that   the    full    power    of 

regulation  over  service  and  equipment  of  the  company  by  this  Commission  is  not  in  any  way  waived 

by  such  approval. 

(Signed)  JOHN  E.  EUSTIS, 

Commissioner. 
270 


Travis  H.  Whitney,  Esq.,  New  York,  May  5th,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir : 

I  iiave  yours  of  the  4th  enclosing  to  me  Supplemental  Opinion  of  Commissioner  Eustis  in 
case  :^io85,  for  which  I  am  very  much  obliged  to  you.  I  should  be  glad  to  hear  when  this  opin- 
ion is  approved  by  the  Commission  and  the  order  ready  to  be  issued. 

Yours  truly, 

Receiver. 


New   York,   May  6,   1909. 
Frederick   W.    Whitridge,    Esq., 

Receiver,  Third  Avenue  Railroad  Company, 

130th    Street   &   Third   Avenue,   New   York. 

Dear  Sir: 

As  indicated  in  my  letter  transmitting  to  you  the  supplemental  opinion  of  Commissioner  Eustis  in 
Case  No.  1085,  the  opinion  was  approved  by  the  Commission  on  Tuesday,  May  4th,  1909.  Commissioner 
Eustis  stated  at  the  meeting  of  the  Commission  that  as  soon  as  the  receipt  of  the  payment  of  certain  sums 
mentioned  in  the  opinion  had  been  submitted  to  the  Commission,  he  would  submit  an  appropriate  order  for 
adoption   by  the   Commission. 

Very   truly   yours, 

TRAVIS    H.    WHITNEY, 
THW/EH  Secretary. 

New  York,  May  7th,  1909. 
John  E.  Eustis,  Esq., 

Commissioner,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Mr.  Eustis: 

Following  our  telephone  communication,  I  received  your  revised  opinion  in  the  matter  of  the 
Pelham  Avenue  extension,  and  replied  thereto  to  Mr.  Whitney  saying  I  was  much  obliged  and 
would  be  glad  to  see  the  Order. 

I  have  from  him  this  morning  a  letter  informing  me  that  you  stated  at  a  meeting  of  the 
Commission  "that  as  soon  as  the  receipt  of  the  payment  of  certain  sums  mentioned  in  the  opinion 
had  been  submitted  to  the  Commission,  he  would  submit  an  appropriate  order  for  adoption  by 
the  Commission."    I  confess  that  I  really  do  not  understand  your  procedure. 

I  am  very  much  obliged  for  your  good  offices  and  for  what  you  have  done  in  this  matter, 
and  I  suggest  that  the  practical  way  to  conclude  the  matter  is  to  make  an  appointment  for  some 
time,  which  I  leave  to  you,  at  which  an  official  from  the  Comptroller's  office  may  be  present  at 
your  office  and  the  money  paid,  receipt  given  and  the  order  issued.  I  make  this  suggestion  be- 
cause of  my  uncertainty  in  the  matter  and  because  also  in  your  first  opinion  you  say  flatly — That 
if  the  Commission  gave  its  approval,  the  Company  (that  is  in  this  case — myself)  might  fail  to 
make  the  payment  which  I  agreed  to  make,  and  go  on  and  operate  the  line  and  thus  cheat  the 

City. 

271 


I  think  I  am  bound  to  assume  that,  if  this  could  be  true,  it  might  possibly  also  be  true,  that 
if  I  paid  money  to  the  City  and  showed  you  the  receipt,  a  change  of  mind  might  possibly  occur 
in  your  office,  and  the  order — on  the  faith  of  getting  which  I  had  so  paid  the  City — might  be  re- 
fused. In  other  words — and  frankly  speaking,  I  am  unwilling  to  concede  that  anybody,  even  a 
public  body,  has  a  higher  code  of  morality  than  I  have,  or  that  any  man's  word  is  better  than 
mine. 

If  you  will  be  good  enough  to  make  such  an  appointment  as  I  propose,  I  will  send  Mr. 
Robinson  down  with  the  check  and  it  can  be  paid  in  your  presence  and  the  order  then  delivered. 

Yours  truly, 

Receiver; 


New   York,   May   8,    1909. 
Mr.   F.   W.   Whitridge,   Receiver, 

Third    Avenue    Railroad    Company, 
130th    Street   and  3rd   Avenue, 
New   York   City. 

My  Dear   Mr.   Whitridge: 

Your  favor  of  the  7th  in  re  Pelham  Avenue  franchise  matter  received,  and  after  my  talk  over  the 
'phone  with  you  I  am  surprised  at  its  contents  The  last  thing  I  understood  you  to  say  was  that  you 
would  be  downtown  yesterday,  attend  to  the  matter  and  be  over  to  see  me,  and  I  also  understand  you 
have  had  a  copy  of  the  supplemental  opinion  which  has  been  adopted  by  the  Commission,  and  this  commits 
the  Commission  to  grant  the  certificate  when  you  produce  evidence  that  franchise  has  been  made  absolute 
by  removing  the  conditional  clause.  If  you  can  get  the  Comptroller's  office  to  come  here  to  do  business 
I  am  somewhat  surprised  and,  in  any  event,  the  money  you  are  to  pay  to  the  city  is  a  debt  which  you 
ought  to  pay  with  or  without  the  franchise.  I  have  the  resolution  or  order  of  this  Commission  already 
prepared,  which  you  can  see  if  you  like,  and  which  I  have  no  doubt,  if  I  live,  will  be  passed  by  this 
Commission  as  soon  as  we  receive  satisfactory  evidence  of  the  payments  to  be  made  to  the  city.  And, 
further,  if  you  are  not  willing  to  trust  this  Commission,  as  you  seem  inclined  not  to  do,  to  carry  out 
the  substance  of  the  opinion,  then  all  I  can  say  is  that  you  had  better  attend  some  of  our  public  hearings 
when  we  have  a  quorum,  on  Tuesdays  and  Fridays,  with  your  evidence,  and  you  can  be  present  to  see 
the  order  passed. 

Yours    very   truly, 

J.    E.    EUSTIS, 

Commissioner. 


New  York,  May  loth,  1909. 
John  E.  Eustis,  Esq., 

Commissioner,   Public  Service  Commission, 

154  Nassau  Street,  City. 

Dear  Mr.  Eustis : 

I  have  yours  of  the  8th.  It  is  quite  true  that  I  did  telephone  that  I  would  come  downtown, 
but  I  was  obliged  to  go  out  of  town  and  sent  Robinson  in  my  stead.  I  will  take  the  matter  up 
to-day. 

I  am  glad  to  find  that  you  don't  at  all  relish  the  idea  of  my  treating  your  Commission  with 

precisely  the  same  degree  of  confidence  and  trust,  with  which,  in  your  first  opinion,  you  thought 

I  ought  to  be  treated. 

Yours  truly, 

Receiver. 
272 


Public   Service  Commission,  New  York,  May  5th,  1909. 

154  Nassau  Street, 
New  York  City. 

Gentlemen : 

The  attention  of  our  committee  has  been  called  to  the  fact  thaf  there  is  no  service  upon  the  surface 
line  from  i62d  Street  north  to  Kingsbridge  on  the  B  roadway  line  from  i  -.30  A.  M.  to  5  A.  M.  The  use  of 
this  road  has  greatly  increased  by  reason  of  the  increase  in  population  of  the  section  served  by  it,  and 
this  lack  of  service  is  rendered  very  annoying  and  inconvenient  to  those  who  wish  to  use  surface  cars 
during  the  hours  mentioned.  So  we  ask  that  this  complaint  be  investigated,  and  that  your  Commission 
direct   the    operating    company    to    furnish    reasonable  service   during  the    hours   specified. 

Yours  very  truly, 

(Signed)   JOHN  A.  BOLLES, 

Chairman  Com.  on  Pub.  Imps. 

Travis  H.  Whitney,  Esq.,  New  York,  May  10,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  7th  instant  enclosing  a  complaint  from  Mr.  John  A.  Bolles  of  the  Liberal 
Republican  Club.  At  one  time  we  ran  cars  on  the  Kingsbridge  Road  between  the  hours  of 
1 :30  and  5  A.  M.  Whether  that  was  before  the  Liberal  Republican  Club  was  organized  or  be- 
fore they  began  to  stay  out  late,  I  do  not  know,  but  I  do  know  that  it  is  the  fact  that  nobody  at  all 
offered  themselves  for  transportation  during  those  hours,  therefore  the  cars  were  taken  off. 

If  Mr.  Bolles  or  anybody  else  can  show  us  that  there  are  passengers  enough  desiring  to  travel 
at  that  time  on  that  Road  to  pay  for  the  wheel  grease,  we  will  be  happy  to  put  the  cars  back. 

Yours  truly, 

Receiver. 


John  A.  Bolles,  Esq.,  New  York,  May  10,  1909. 

Liberal  Republican  Club, 

454  West  155th  Street,  City. 

My  dear  Sir : 

I  enclose  herewith  copy  of  my  answer  to  the  Public  Service  Commission  to  your  complaint 
dated  May  5th,  which  I  hope  will  be  satisfactory. 

Yours  truly, 
Enclosure:  i.  Receiver. 


New  York,  May  6,  1909. 
Frederick  W.  Whitridge,  Esq., 

Receiver,  Union  Railway  Company, 

130th  Street  and  Broadway,  , 

New  York  City. 
Dear  Sir: 

J.  H.  Friedrichsen,  Secretary,  East  Bronx  Property  Owners'  Association,  makes  complaint  that  the 
cars  of  the  Westchester  Avenue  line  of  the  Union  Railway  Company  are  overcrowded  between  the 
hours  of  5:00  and  7:00  P.  M. 

273 


An    inspection    of    the    service,  including    a    count  of  the  passengers  carried  on  that  line,  on   May  4th, 

showed  the  complaint  justified.     A  part  of  the  difficulty  arises  from  the  irregular  headway  maintained,  which 

varied  from  2  to  11  minutes.     The  count  made  at  Third    and    Westchester    Avenues    showed    for    half-hour 
periods  the  following : 


Time. 

Destination. 

Number 
Cars. 

Number 
Passengers. 

Seating 
Capacity. 

Average  Load 
per  Car. 

Average 
Headway. 

Number 
Passengers. 

p.  M. 

5  00  to  5  30 

7 
8 
7 
6 

296 
418 
487 
251 

252 
288 
252 
216 

6  stand. 
16     " 
34     " 

6     " 

4    min. 

4 
5 

60 

5.80  "  6.00 
6  00  "  6  80 

130 
285 

6  80  ''  7  00 

» 

50 

The   average   number   of   passengers    standing   on  each  car  was   15.     It  is  believed  that  the  service   on 
this    line    during   the   period    covered    can   be    and    ought  to  be  improved. 

A   reply  to  this  letter  is  requested  by  May   i6th,  stating   what  measures   will  be  taken   to  improve  the 
service  and    when   the   improvement   is   to   take   eflfect. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
GFD/CWT  Secretary. 

C-3395 


New  York,  May  10,  1909. 
Travis  H.  Whitney,  £sq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir : 

I  have  yours  of  the  6th  instant  referring  to  the  complaint  of  Mr.  John  H.  Friedrichsen  about 
the  service  on  the  Westchester  Avenue  Line. 

I  think  it  very  likely  that  the  results  of  your  inspection  are  substantially  correct.  The  open- 
ing of  the  new  station  at  Simpson  Street  has  increased  the  traffic  there,  and  the  irregularity  in 
the  arrival  of  the  subway  trains  may  have  caused  the  irregular  headway  to  which  you  refer.  I 
have  had  a  couple  of  extra  cars  put  on,  and  am,  of  course,  only  too  anxious  to  oblige  the  public  in 
all  of  these  matters. 

The  Union  Railway  has  been  supplied  with  one  hundred  entirely  new  cars,  and  fifty  more 
open  cars  are  now  in  course  of  supply  to  it.  I  hope  that  that  will  be  sufficient  for  this  summer, 
as  I  have  not  made  my  calculations  to  furnish  more  this  year. 

I  think  that  perhaps,  in  case  of  complaints  of  this  kind,  it  would  be  a  good  thing  if  you  would 
notify  us  what  the  complaints  are,  and  if  they  are  not  obviously  correct  and  require  investiga- 
tion or  inspection,  we  should  arrange  to  have  that  inspection  jointly.  I  say  this,  because,  by 
chance,  I  lately  saw  one  of  your  inspectors  at  work,  and  thought  him  a  very  unconvincing  young 

person. 

Yours  truly, 


Receiver. 


274 


New  York,  May  nth,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

My  Auditor  is  sending  you  to-day  the  Accounts  of  the  Roads  under  my  jurisdiction,  for  the 
quarter  ending  March  31st.  I  notice  that  these  are  given  to  the  papers  by  your  Commission  after 
two  or  three  weeks'  delay.  I  am  sending  copies  of  the  summary,  of  which  I  enclose  copy  to 
you  herewith,  to  the  papers  this  morning,  as  the  Boards  of  Directors  have,  in  the  past,  been 
severely  criticised  for  withholding  accounts  from  the  public  for  a  convenient  interval,  and  I  sup- 
pose Receivers  might  equally  be  censured  for  so  doing. 

Yours  truly. 
Enclosure:  i.  Receiver. 


At  a  Meeting  of  the  Public  Service  Commission  for  the  First  District,  duly  held  at 
its  office,  No.  154  Nassau  Street,  in  the  Borough  of  Manhattan,  City  and 
State  of  New  York,  on  the  nth  day  of  May,  1909. 

Present : 

William   R.    Willcox, 


Chairman 
William   McCarroll 
Edward   M.   Bassett 
Milo  R.  Maltbie 
John  E.   Eustis 


^  Commissioners. 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter  of  the  Application  i 

of  the  / 

UNION  RAILWAY  COMPANY  OF  NEW   YORK   CITY   for   the  permission^.    ^Qrd^^Gr^t^ng 
and  approval  of  this  Commission  to  the  construction  and  operation  of  an  extension  1        Application, 
of  its  street  surface  railroad  on  Pelham  Avenue,  Borough  of  The  Bronx,  City  of\ 
New  York.  I 

The  UNION  RAILWAY  COMPANY  OF  NEW  YORK  CITY  having  made  application  to  the  Public 
Service  Commission  for  the  First  District  by  a  petition  duly  verified  and  filed  by  Frederick  W.  Whitridge, 
Receiver,  and  accompanied  by  the  documents  required  by  the  rules  of  practice  of  the  Commission  for  the 
permission  and  approval  of  the  Commission  to  the  construction  and  operation  of  an  extension  of  its  street 
surface  railroad  upon  the  route  described  in  its  statement  of  proposed  extension,  duly  filed  pursuant  to 
Section  90  of  the  Railroad  Law  with  the  Secretary  of  State  and  with  the  County  Clerk  of  New  York 
County,  the  following  being  a  description  of  the  streets,  roads,  avenues  and  highways  in  and  upon  which  it 
is  proposed  to  construct,  maintain  and  operate  such  extension  in  the  Borough  of  The  Bronx,  City  of 
New  York,   namely : 

"Beginning  at  and  connecting  with  the  double  track  road  now  constructed  on  Third  Avenue  at  the 
junction  of  Pelham  Avenue,  running  thence  easterly  with  double  tracks  in  or  upon  and  along  the  surface 
of    Pelham   Avenue   to   the    Southern    Boulevard,   all   in  the  Borough  of  The  Bronx,  in  the  City  of  New  York." 

And  the  Commission  having  fixed  Thursday,   March  25.   1909,  at  4  o'clock  P.  M.,  at  the  office  of  the 

275 


Commission,  at  No.  154  Nassau  Street,  Borough  of  Manhattan,  City  of  New  York,  for  a  hearing  upon 
said  petition,  and  having  directed  that  a  notice  of  said  application  and  hearing,  containing  a  description  of 
the  route  in  and  upon  which  the  company  proposes  to  construct  and  operate  the  said  extension,  be  pub- 
lished in  certain  newspapers  and  at  certain  times  specified  by  the  Commission;  and  said  hearing  having 
been  had  by  and  before  the  Commission  at  the  time  and  place  aforesaid,  Commissioner  Eustis  presiding; 
and  the  said  applicant,  the  UNION  RAILWAY  COMPANY  OF  NEW  YORK  CITY,  having  appeared 
upon  said  hearing  by  Henry  A.  Robinson,  its  counsel,  and  having  presented  and  filed  with  the  Commis- 
sion proof  of  publication  of  notice  of  such  application  and  hearing,  as  required  by  the  Commission,  and 
having  presented  its  allegations  and  made  its  proofs,  whereby  it  satisfied  the  Commission  that  the  construc- 
tion and  operation  of  said  extension  is  necessary  and  convenient  for  the  public  service;  and  the  Commis- 
sion having  determined  after  said  hearing  that  the  construction  and  operation  of  the  extension  of  said 
company's  road  as  described  in  the  statement  of  proposed  extension  thereof,  filed  with  the  Secretary  of 
State  and  with  the  County  Clerk  of  New  York  County,  is  necessary  and  convenient  for  the  public  service; 

NOW  THEREFORE,  it  is 

ORDERED,  That  said  application  be  and  the  same  hereby  is  granted ;  that  the  permission  and  ap- 
proval of  the  Public  Service  Commission  for  the  First  District  is  hereby  granted  to  the  construc- 
tion and  operation  by  the  UNION  RAILWAY  COMPANY  OF  NEW  YORK  CITY  of  the  exten- 
sion of  said  company's  line  upon  the  route  and  as  described  in  its  statement  of  proposed  extension 
duly  filed  with  the  Secretary  of  State  and  with  the  County  Clerk  of  New  York  County,  as  afore- 
said, said  route  being  described  in  said  statement  as  follows: 

"Beginning  at  and  connecting  with  the  double  track  road  now  constructed  on  Third  Avenue  at  the 
junction  of  Pelham  Avenue,  running  thence  easterly  with  double  tracks  in  or  upon  and  along  the  surface 
of  Pelham  Avenue  to  the  Southern  Boulevard,  all  in  the  Borough  of  The  Bronx,  in  the  City  of  New 
York." 

Nothing  herein  contained  shall  be  construed  as  an  approval  by  the  Commission  of  the  contract  regard- 
ing said  proposed  extension  entered  into  between  said  company  and  The  City  of  New  York,  dated  March 
I,  1909,  except  as  to  the  grant  of  the  right  to  construct  and  operate  an  extension  of  said  company's  line 
over  the  route  above  described  and  for  and  during  the  periods  mentioned  in  said  contract. 


New  York,  May  12th,   1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  beg  to  acknowledge  the  receipt  of  the  Order  of  the  Commission  in  the  matter  of  Case  1085, 

granting  the  application  for  the  building  of  a  railroad  from  the  Fordham  Station  to  the  entrance 

to  the  Zoo. 

Yours  truly, 

Receiver. 


New  York,   May  17,  1909. 
Frederick    W.    Whitridge.    Esq., 

Receiver,  Third  Avenue  R.  R.  Co., 

130th   St.   &  Third   Ave.,  N.   Y.   C. 

Dear  Sir: 

Your  attention  is  called  to  the  fact  that  no  plans  or  specifications,  as  required  by  Final  Order  in  Case 
No.    1047,   have  as  yet  been   filed. 

In  your  letter  of  the  29th  ult.,  you  stated  on  behalf  of  the  Third  Avenue  Railroad  Company,  the  42nd 
Street,  Manhattanville  &  St.  Nicholas  Ave.  Ry.  Company,  the  Dry  Dock,  East  Broadway  &  Battery  Railroad 

276 


Company,  and  the  Union  Railway  Company,  that  you  will  ask  the  manufacturers  of  the  Hudson- 
Bowring  Life  Guards  for  plans  and  specifications  to  enable  you  to  comply  with  the  requirements  of 
this  order.  Yours   very  truly, 

TRAVIS   H.   WHITNEY, 
AM/SZ  Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  May  i8th,  1909. 

Secretary,  Public  Service  Commission,  ] 

154  Nassau  Street,  New  York  City. 
My  dear  Sir: 

I  have  yours  of  the  17th  calling  my  attention  to  the  fact  that  no  plans  and  specifications  of 
the  life  guards  installed  upon  my  cars,  as  required  by  Final  Order  1047,  have  yet  been  filed. 
I  have  written  this  morning  to  the  agents  for  the  H.  B.  life  guards,  for  plans  and  specifications, 
which  I  will  send  you  as  soon  as  they  arrive. 

I  suppose  that,  technically,  as  these  life  guards  were  installed  by  me  before  the  Commis- 
sion undertook  to  consider  the  question  of  life  guards  at  all,  my  action  is  outside  the  Order.  Of 
course  I  am  anxious  to  give  them  every  information  which  they  desire,  but,  until  I  receive  the 
records  from  the  manufacturers,  which  I  am  asking  for,  I  send  you  herewith  a  sheet  contain- 
ing a  photograph  of  the  device  which  was  embodied  in  a  report  lately  sent  to  me  by  the  Public 
Service  Commission,  and  I  refer  you  to  the  report  of  the  Commissioner's  experts  showing  the 
Hudson-Bowring  device  so  illustrated,  at  the  head  of  their  list. 

Yours  truly, 

Receiver. 

Travis  H.  Whitney,  Esq.,  New  York,  May  21,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir: 

Referring  to  your  letter  of  May  17th,  I  have  received  from  the  manufacturers  the  enclosed 
blue  print  in  respect  to  the  H-B  Life  Guard,  showing  method  of  attachment  to  the  Third  Ave- 
nue cars.  If  there  is  anything  else  you  want  in  addition  to  what  you  already  have,  kindly  let  me 

know  and  I  shall  be  happy  to  send  it  to  you. 

Yours  truly. 

Enclosure:  i.  Receiver. 

New  York,  May  21,  1909. 
My  dear  Mr.  Whitridge: 

This  letter  will  be  presented  by  Mr.  Bion  J.  Arnold,  consulting  engineer  for  the  Public  Service 
Commission,  who  desires  to  arrange  with  you  so  that  he  or  his  assistants  can  visit  the  power  houses, 
and  other  property  under  your  control,  as  receiver. 

Sincerely  yours, 
To  W.  R.  WILLCOX. 

F.  W.  Whitridge,  Esq., 
Receiver, 

Third  Avenue  Railroad  Co., 
65th  Street  &  Third  Ave., 
N.  Y.  City. 

277 


New  York,  May  21,  1909. 
My  dear  Mr.  Whitridge: 

This  letter  will  be  presented  by  Mr.  George  A.  Damon,  engineer,  connected  with  the  Appraisal 
Bureau  of  the  Public  Service  Commission.  He  desires  to  arrange  with  you  so  that  he  or  his  assist- 
ants can  visit  the  power  houses  and  other  property  under  your  control  as  receiver. 

Yours  sincerely, 

W.  R.  WILLCOX. 
To 

F.  W.  Whitridge,  Esq., 

Receiver, 

Third  Avenue  Railroad  Co., 

65th  Street  &  Third  Ave., 

N.  Y.  City. 

New  York,  May  24,  1909. 

TO  SUPERINTENDENTS  &  WATCHMEN  OF  THE  BUILDINGS 

of  the 

Third  Avenue  Railroad  Company, 

Dry  Dock,  East  Broadway  &  Battery  Railroad  Co.,  42nd  Street,  Manhattanville  &  St.  Nicholas 

Ave.  Ry.  Co., 
Union  Railway  Company. 
Please  admit  the  bearer,  Mr.  Bion  J.  Arnold,    and    his    assistants    to   an    inspection    of   the 
premises  under  your  control  and  afford  them  every  information  in  your  power. 

Receiver. 

Mr.  Wm.  H.  Warner,  New  York,  May  24,  1909. 

432  West  160  Street, 
New  York  City. 

My  dear  Sir: 

The  Public  Service  Commission  has  sent  to  me  your  complaint  of  the  20th  instant,  and  I 

enclose  copy  of  my  reply  thereto. 

Yours  truly, 

Receiver. 
Enclosure: 

432  Westi6oth  Street, 
New  York,  May  20,  1909. 
The  Public  Service  Commission, 
New  York  City. 

Gentlemen: 

Is  there  any  way  in  which  the  residents  on  Amsterdam  Ave.  can  be  relieved  (partially  at  least), 
from  the  nerve-racking  noise  cause  by  either  loose  rails  or  some  defect  in  road  bed?  I  reside  at  i6oth 
Street  and  Amsterdam  Ave.,  where  on  Sunday  afternoons  and  evenings  at  this  season  of  the  year  an 
average  of  four  cars  a  minute  pass.  For  instance: — When  a  car  gets  at  a  point  on  the  down-town 
track  about  twenty  feet  or  so  from  i6oth  Street  it  strikes  a  defective  section  extending  nearly  half 
a  block,  when  each  car  in  transit  lets  out  a  most  awful  grinding,  crushing  din.  Imagine  this  noise 
in  the  "silent  watches  of  the  night"  and  try  and  help  us. 

Yours   truly, 

(Signed)  WM.  H.  WARNER. 
278 


New  York,  May  24,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir: 

I  have  yours  of  the  21st  enclosing  complaint  of  Mr.  William  H.  Warner.  I  am  aware  of 
the  fact  that,  as  the  season  gets  warmer  and  people  leave  their  windows  open,  there  is  a  con- 
tinual stream  of  complaints  about  the  noise  on  upper  Broadway  and  Amsterdam  Avenue.  I  be- 
lieve that  a  certain  amount  of  that  noise  is  preventable,  and  as  I  have  already  explained  to  the 
Commission  verbally,  I  have  asked  the  Reorganization  Committee  to  provide  me  with  the  sum 
of  one  million  dollars,  with  which  to  do  the  things  to  the  track  of  this  road  which,  in  my  judg- 
ment, ought  to  be  done. 

With  the  concurrence  and  support  of  your  Commission,  I  think  it  would  be  possible  to 
raise  that  money,  together  with  all  the  rest  of  the  money  that  ought  to  be  raised  to  put  this 
System  in  first-class  condition,  and  if  it  is  raised  I  have  made  arrangements  to  begin  the  work 
early  in  August,  which  is  the  earliest  date  at  which  the  manufacturers  can  enable  us  to  proceed. 

In  the  meantime,  I  am  powerless  to  do  anything  except  to  exhort  the  sufferers  from  noise 
to  exercise  the  same  patience  which  I  must  display  daily. 

Yours  truly. 

Receiver. 


THE  HILSON  COMPANY, 
S.  W.   Cor.    1st  Ave.   and  39th  St. 


New  York,  May  13,  1009. 


The  Public  Service  Commission, 
154  Nassau  St.,  City. 

Gentlemen: 

I  have  occasion  many  times  during  the  day  and  week,  to  take  the  surface  line  that  runs  from  Grand 
Central  Depot  past  my  office  on  First  Ave.  &  39th   St. 

I   have  found  much  trouble  again  in  conductors  putting  me  off  of  the  car  at  First  Ave.  for  34th 
Street  Ferry. 

On  May  loth,  conductor  No.  1325,  car  394,  about  1:50  P.  M.  insisted  upon  me  getting  off,  and  even 
refused  to  give  me  a  transfer  to  34th   St.     I  had  only  got  on  the  car  at  Grand  Central  Depot. 

This  certainly  is  against  the  law,  and  my  protests  to  the  officials  does  not  seem  to  do  any  good. 

Kindly  take  this  matter  up  and  oblige. 

Yours  very  truly, 

(Signed)  EDWARD  HILSON. 


Edward   Hilson,  Esq.,  May  17,  1909. 

First  Avenue  and  39th  Street, 
New  York  City. 

Dear  Sir: 

Receipt  is  acknowledged  of  your  letter  of  the  13th"  inst.  making  complaint  of  being  put  off  car 
No.  394  on  May  loth,  by  conductor  No.   1325. 

The  complaint  fails  to  state  whether  the  car  referred  to  is  on  the  42nd  Street  Crosstown  line, 
which  runs  to  42nd  Street  and  East  River,  or  whether  it  is  a  car  of  the  34th  Street  Ferry  line, 
which   turns  at  42nd   Street  and   First  Avenue  and  runs  south  to  34th  Street  and  to  the  ferry. 

279 


If  you  will  furnish  the  details  as  to  the  car  or  cars  complained  of  and  the  point  on  the  line  at 
which  transfers  are  refused,  immediate  atention  will  be  given  the  complaint. 

Yours   very  truly, 

(Signed)  TRAVIS  H.  WHITNEY, 

Secretary. 

THE   HILSON  COMPANY, 

S.  W.   Cor.   ist  Ave.  and  39th  St. 

New  York,  May  19,  1909. 
Mr.   Travis  H.  Whitney,   Secretary, 

Public  Service  Commission, 

154  Nassau  St.,  City. 

Dear  Sir: 

Replying  to  your  kind  favor  of  the  17th  inst.  I  beg  to  say  that  the  car  in  question  was  a  car 
marked  34th  Street  Ferry,  which  I  took  at  the  Grand  Central  Depot,  and  when  I  got  to  First  Ave., 
the  conductor  changed  the  sign  and  compelled  me  to  get  out,  or  rather,  he  took  me  to  the  Ferry,  from 
42nd  Street,  and  I  had  to  walk  the  balance  of  the  distance. 

This  happened  at  First  Ave.  &  42nd  Street,  and  instead  of  the  car  running  to  34th  Street  Ferry,  it 
went  to  the  foot  of  42nd  Street. 

I  trust  that  the  case  is  complete.    Car  number  and  conductor  number  you  have. 

Yours  very  truly, 

(Signed)  EDWARD  HILSON. 

Mr.   James   A.   Roosevelt,  May  23,  1909. 

General    Superintendent. 

Dear  Sir: 

Relative  to  the  attached  complaint  to  the  Public  Service  Commission  from  Edward  Hilson,  Esq., 
First  Avenue  and  39th  Street,  beg  to  advise  you  that  I  have  seen  Conductor  Treanor  Badge  No.  1325 
and  Motorman  Schill  Badge  No.  1160.  The  Conductor  states  that  on  or  about  the  date  in  question 
at  about  the  given  time  when  his  car  had  crossed  First  Avenue  en  route  to  East  42nd  Street  Ferry, 
a  man  who  was  reading  a  letter  remarked  to  him  that  he  thought  the  car  was  bound  for  34th  Street 
Ferry,  and  when  the  Conductor  told  him  that  it  was  not,  he  said  that  it  was  an  outrage  to  have  him 
change  cars.  The  Motorman  also  states  that  this  passenger  made  some  remarks  to  him  about  the 
destination  of  the  car,  and  said  that  he  would  report  the  matter  to  the  Mayor.' 

The  Conductor  and  Motorman  both  state  that  their  car  did  not  have  East  34th  St.  Ferry  signs 
on  the  above  trip,  and  the  Conductor  further  states  that  the  passenger  accepted  a  transfer  from  him. 

I  fail  to  see  what  motive  our  42nd  Street  men  would  have  for  changing  signs  on  this  Line  as  they 
are  paid  by  the  hour,  and  not  by  the  trip.    I  allowed  the  above  crew  to  return  to  work. 

Respectfully, 

o.  McDonald, 

Superintendent. 

May  24th,  1909. 
Edward   A.   Maher,  Esq., 
General  Manager. 

Dear  Sir: 

Please  find  attached,  Mr.  McDonald's  report  on  the  complaint  of  Edward  Hilson,  Esq.,  of  First 
Avenue  and  39th  Street.  The  conductor's  day  card  shows  that  he  did  not  go  to  East  34th  Street 
on  this  trip  and  I  cannot  see  what  reason  he  would  have  for  changing  the  destination  of  the  car  if  it 
was  scheduled  to  go  to  East  34th  Street  Ferry. 

We  keep  no  records  of  what  signs  these  cars  carry  from  West  42nd  Street  bound  east,  but  the 
dinner  relief  cars  are  all  scheduled  to  make  one  trip  from  34th  Street  Ferry  to  West  42nd  Street,  then 
two  round  trips  between  East  42nd  Street  and  West   42nd    Street,   then   from   West   42nd    Street   to 

280 


East  34th  Street  Ferry.  I  find  that  on  the  above  date  all  dinner  relief  cars  made  these  runs  as 
scheduled,  and  there  was  no  variation,  therefore  I  am  inclined  to  think  that  the  story  told  by  the 
crew  of  car  394  is  correct,  and  that  the  car  did  not  carry  East  34th  Street  signs,  and  that  the  gentle- 
man was  mistaken  when  he  said  that  the  car  did  carry  East  34th  Street  signs. 

Respectfully  yours, 

JAMES  A.   ROOSEVELT, 

General  Superintendent. 


New  York,  May  25,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

Referring  to  yours  of  the  20th  in  respect  to  the  complaint  of  Mt.  Edward  Hilson,  I  beg 
to  say  that  every  care  is  taken  to  see  that  the  signs  are  so  turned  on  the  car  as  to  represent  the 
actual  destination  of  that  car,  and  the  only  explanation  I  can  give  Mr.  Hilson's  particular 
grievance  is  that  he  was  mistaken. 

I  enclose  the  reports  in  respect  to  the  matter,  which  I  am  afraid  Mr.  Hilson  will  not  find 

very  satisfactory,  but  which  are  the  best  I  can  do. 

Yours  truly, 

Enclosures :  Receiver. 


New  York,  May  25,  1909. 
Edward  Hilson,  Esq., 

First  Avenue  &  39th  Street, 

New  York  City. 

Dear  Sir: 

The  Public  Service  Commission  has  handed  to  me  your  letters  of  the  13th  and  19th  and 
I  have  had  the  complaint  investigated  and  send  you  copies  of  the  reports  in  respect  thereto  here- 
with. 

I  am  afraid  that  you  will  not  find  them  satisfactory  as  there  is  a  conflict  of  recollections 

between  you  and  the  crew  of  the  car.     You  say  that   the  thing   frequently   happens,    and   if, 

whenever  it  does  happen,  you  will  send  me  a  precise  statement  of  the  case,  you  may  be  sure  that 

I  will  do  whatever  is  in  my  power  to  have  it  remedied.     The  sooner  I  get  the  complaint  after 

the  occurrence,  the  more  certain  I  shall  be  of  having  the  person  who  turned  the  sign  wrong — if 

there  was  any  such  person — ^properly  punished. 

Yours  truly, 

Enclosures:  Receiver. 

281 


New  York,  May  28,  1909. 
E.  Hilson,  Esq., 

First  Avenue  &  39th  Street, 

New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  27th.  You  understand  of  course  that  I  do  not  in  the  least  question  your 
veracity,  and  I  perfectly  understand  that  if  the  conductor  had  changed  the  sign  on  the  car,  it 
was  extremely  improbable  that  he  would  admit  it.  What  I  meant  about  making  a  complaint 
was — that  a  complaint  addressed  to  me  is  attended  to  at  once.  A  complaint  addressed  to  the 
Public  Service  Commission,  the  Mayor,  or  the  Pope,  or  anybody  else,  does  not  reach  me  for 
some  days  after  it  reaches  them,  and  the  thing  gets  a  little  stale.  I  can  promise  you  that  any- 
thing which  you  write  me  will  be  attended  to  at  once.  If  you  tell  me  that  conductor  number 
so  and  so  has  done  something  or  other,  I  will  see  that  he  is  disciplined. 

Yours  truly, 

Receiver. 


New  York,  May  27,  1909. 
Mr.  Frederick  W.  Whitridge,  Receiver, 

3rd  Ave.  Railroad  Co.," 

130th  St.  &  3rd  Ave.,  City. 

Dear  Sir: — 

Replying  to  your  favor  of  May  25th,  I  would  say  that  this  narrows  itself  down  to  a  question  of 
veracity,  between  the  Conductor,  Motorman,  and  myself. 

My  eyesight  is  perfectly  good,  and  when  I  got  on  board  this  car,  the  sign  was  up  for  34th  Street 
Ferry,  and  I  might  add,  this  thing  frequently  occurs  and  this  is  not  the  first  time. 

When  the  weather  is  good,  I  do  not  mind  it,  but  in  this  instance  I  might  say,  that  I  can  make  an 
affidavit  that  I  saw  the  Conductor  change  the  sign;  in  fact,  he  admitted  as  much,  that  he  was  told  to  do 
it,  by  the  Starter  at  the  corner. 

I  made  this  complaint  a  day  after  the  occurrence.     I  could  not  make  it  much  quicker. 

I  rjiight  add  (for  your  information)  that  similar  occurrences  have  happened,  and  I  made  a  com- 
plaint to  the  Mayor  a  few  years  ago,  and  for  a  time,  this  was  obviated. 

Yours  very  truly, 
EH/F  EDWARD  HILSON. 


New  York,  June  2nd,  19C9. 
Travis  H.  Whitney,  Esq., 

Secretary,    Public    Service    Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  yours  of  the  ist  and  send  you  herewith  a  copy  of  a  letter  which  I  have  addressed  to 

J.  W.  Mallon. 

Yours  truly, 

Enclosure :  ,  Receiver. 

282 


936  West  End  Avenue. 
Mr.  Travis  H.  Whitney,  Secty., 
Public  Service  Commission. 

Dear  Sir: 

I  write  to  call  your  attention  to  the  condition  of  the  street  railway  tracks  at  io6th  Street  and  Broad- 
way. I  believe  that  Receiver  Whitridge  stated  last  winter  that  the  tracks  of  the  Broadway  branch 
would  be  repaired  as  soon  as  the  frost  was  out  of  the  ground.  I  fear  the  frost  will  again  be  on  the 
pumpkin  before  he  gets  to  work. 

What  of  the  new  cars  that  were  promised  for  this  branch?  The  same  old  wrecks  that  screeched 
and  scraped  and  bumped  over  the  route  last  year  (and  supposedly  for  the  past  hundred  years)  are  still 

making  night  and  day  hideous. 

Yours  truly, 

(Signed)     .       J.  W.  MALLON. 
New  York,  May  29th,  1909. 


New  York,  June  2nd,  1909. 
J.  W.  Mallon, 

936  West  End  Avenue, 
New  York  City. 

Dear  Sir: 

The  Public  Service  Commission  has  sent  me  your  letter  of  May  29th.  I  do  not  know  what 
I  said  last  Winter  about  the  tracks  at  io6th  Street  and  Broadway;  I  dare  say  I  said  that 
they  would  be  repaired  as  soon  as  the  snow  was  off  the  ground.  The  number  of  senseless  com- 
plaints that  I  receive  from  that  part  of  the  world  would  almost  justify  me  in  saying  anything 
whatever,  but  the  fact  now  is  that  the  reorganization  of  this  property  is  fairly  under  way.  I 
think  the  Committee  will  be  able  to  bring  about  a  plan  during  this  month.  I  have  told  them 
that  one  million  of  dollars  is  necessary  to  be  expended  on  the  tracks  of  the  System,  and  I  am 
making  all  the  arrangements — if  the  thing  goes  as  I  expect  it  will  go — to  begin  the  work  on 
the  Broadway  branch  in  the  month  of  August.  I  am  arranging  to  put  seventy-five  new  cars 
on  the  Broadway  branch  out  cff  the  275  which  were  ordered  by  me  last  Autumn.  Those  cars  are 
coming  in  now  at  the  rate  of  four  or  five  a  day,  and  I  hope  that  before  the  month  of  June 
is  over,  all  of  them  will  have  been  delivered,  and  those  allocated  to  the  Broadway  line  will  be 
in  service. 

You  are  hardly  just  to  the  cars  that  are  now  running.  They  are  not  old  wrecks,  some  of 
them  were  new  last  Spring.  All  of  them  were  put  in  good  order  in  accordance  with  the  regula- 
tions of  the  Public  Service  Commission,  and  I  do  not  believe  that  you  really  suppose  that  they 
are  one  hundred  years  old. 

As  I  am  concluding  this  letter,  my  secretary  informs  me  that  J.  W.  Mallon  is  a  lady  from 
whom  I  had  the  pleasure  of  hearing  last  January,  and  I  beg  to  say  that  I  am  glad  to  find  that 
her  interest  in  my  shortcomings  is  still  as  vivid  and  as  accurate  as  ever.  Seriously  speaking,  I 
am  obliged  to  her  for  calling  my  attention  to  these  matters,  and  I  think  that  such  complaints 
really  hasten  the  time  when  things  are  made  better. 

Yours  truly, 

Receiver. 
283 


At  a  Meeting  of  the  Public  Service  Commission  for  the  First  District,  duly  held  at 
its  office,  No.  154  Nassau  Street,  Borough  of  Manhattan,  City  of  New  York, 
on  the  25th  day  of  May,  1909. 


Present : 
William 


R.  Willcox, 

Chairman ; 
William  McCarroll, 
Edward    M.    Bassett, 
Milo  R.  Maltbie, 
John  E.  Eustis, 


I 


Commissioners. 


In  the  Matter 
of  the 
Hearing  on  the  Motion  of  the  Commission  on  the  matters  complained  of  by 
WAGENHALS  &  KEMPNER  and  others,  in  respect  of  the  location  at  Times 
Square,  in  the  City  of  New  York,  Borough  of  Manhattan,  of  the  tracks  and  switches 
of  the  Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway  Com- 
pany and  Frederick  W.  Whitridge,  as  Receiver  of  said  Company,  the  Metropolitan 
Street  Railway  Company  and  Adrian  H.  Joline  and  Douglas  Robinson,  as  Re- 
ceivers of  said  Company,  and  the  Broadway  and  Seventh  Avenue  Railroad  Com- 
pany. 


Dismissal   Order 
Case  No.  1068. 


A  hearing  order  No.  1068  having  been  duly  made  by  the  Commission  on  February  19,  1909,  direct- 
ing that  a  hearing  be  had  on  the  matters  complained  of  by  Wagenhals  &  Kemper  and  others  in  respect 
of  the  location  at  Times  Square  in  the  City  of  New  York,  Borough  of  Manhattan,  of  the  tracks  and 
switches  of  the  Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway  Company  and 
Frederick  W.  Whitridge,  as  Receiver  of  said  company,  the  Metropolitan  Street  Railway  Company  and 
Adrian  H.  Joline  and  Douglas  Robinson,  as  Receivers  of  said  company,  and  the  Broadway  and  Seventh 
Avenue  Railroad  Company,  and  pursuant  to  said  order  a  hearing  having  been  duly  had  before  Commis- 
sioner Milo  R.  Maltbie  on  March  2,  1909,  and  subsequent  dates;  and  it  appearing  to  the  Commission 
that  there  are  no  reasonable  grounds  for  the  complaint  in  regard  to  the  location  of  the  said  tracks 
and  switches;  it  is 

ORDERED,  That  this  proceeding  be  and  the  same  hereby  is  dismissed. 


New  York,  June  2,   1909. 
Frederick  W.  Whitridge,  Esq., 

Receiver,  42nd   Street,    Manhattanville   &   St. 
Nicholas  Avenue  Railroad  Company, 
130th  Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir: 

On  April  5th,  1909,  Mr.  A.  S.  Wheeler,  Manager  of  the  Charles  E.  Ellis  Real  Estate  Company, 
607  West  43rd  Street,  made  complaint  of  the  manner  of  operating  the  cars  of  the  42nd  Street  line 
across  the  New  York  Central  tracks  at  Eleventh  Avenue. 

Ihe  complaint  was  investigated  and  on  April  22nd  the  substance  of  our  inspector's  report  was  sub- 
mitted to  you  with  request  that  the  matter  be  given  attention  and  the  Commission  advised  as  to  what 
action  would  be  taken  to  make  the  operation  of  cars  at  that  point  safer. 

Your  reoly  of  April  26th  showed  that  the  rule  in  force  required  that  the  conductor  go  forward,  look 
«p  and  down  the  tracks,  and  then  return  to  his  car  before  proceeding  across  the  intersection. 

A  subsequent  observation  showed  an  improvement  as  conductors  rarely  failed  to  observe  the 
order. 

On  May  24th  a  new  complaint  was  received  to  the  effect  that  since  the  operation  of  the  pay-as- 
you-enter  cars  the  practice  of  conductors  has  been  discontinued  and  that  now,  owing  to  their  duties  on 
the  platform  they  do  not  run  ahead  of  the  car  before  its  passage  over  the  intersecting  tracks. 

The  operation  of  street  cars  across  steam  railroad  tracks  without  the  protection  of  crossing  gates 
or  crossing  flagmen,  and  without  requiring  the  conductor  to  know  that  the  crossing  is  clear  before  giv- 

284 


ingthe  signal  to  go  ahead,  is  undoubtedly  a  dangeroas  practice  and  contrary  to  the  rules  everywhere 
in  force.  No  observations  have  been  made  to  verify  the  facts  alleged  by  complainant  as  to  the  present 
practice,  but  assuming  that  it  is  as  stated,  it  seems  proper  to  request  that  for  the  safety  of  operation  of 
the  cars  of  the  42nd  Street,  Manhattanville  &  St.  Nicholas  Avenue  Railroad  a  flagman  be  stationed  at 
the  crossing  of  42nd  Street  and  Eleventh  Avenue  throughout  the  twenty-four  hours. 

As  the  Receivers  of  the  Metropolitan  Street  Railway  Company  also  operate  their  42nd  Street 
branch  of  the  34th  Street  Crosstown  line  on  separate  tracks  across  the  same  intersection,  it  is  possible 
that  joint  arrangements  may  be  made  with  those  Receivers  and  with  the  New  York  Central  &  Hudson 
River  Railroad  Company  for  maintaining  such  a  flagman. 

The  report  of  our  inspector  showed  that  as  between  the  expense  caused  by  the  delay  to  cars  while 
conductors  ran  ahead  and  the  cost  of  maintaining  the  flagman,  the  decrease  in  platform  expense  would 
fully  offset  the  cost  of  the  flagman. 

Will  you  please  give  this  matter  your  careful  attention  and  return  an  answer  by  June  nth  stating 
whether  a  flagman  will  be  stationed  at  the  42nd  Street  crossing  as  above  suggested. 

Yours  very  truly, 
GFD/CWT  TRAVIS   H.   WHITNEY, 

C-3053  Secretary. 

C-33S8 


New  York,  June  4th,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  2nd  referring  again  to  the  crossing  by  the  42nd  Street  cars  of  the 
New  York  Central  tracks  at  Eleventh  Avenue,  and  stating  that  on  May  24th  a  new  complaint  had 
been  received  by  you  to  the  effect  that  since  the  operation  of  the  Pay-as-you-Enter  cars,  the  prac- 
tice of  conductors  going  forward  has  been  discontinued.  That  statement  is  true;  I  do  not 
think  that  a  conductor  on  a  Pay-as-you-Enter  car  can  go  forward  as  the  conductors  on  the  old 
cars  used  to. 

You  then  go  on  to  say  that  the  operation  of  street  cars  across  steam  railroad  tracks  with- 
out the  protection  of  crossing  gates  or  crossing  flagmen,  and  without  requiring  the  conductor  to 
know  that  the  crossing  is  clear  before  giving  the  signal  to  go  ahead,  is  undoubtedly  a  dangerous 
practice  and  contrary  to  the  rules  everywhere  enforced.  No  observations  have  been  made  to 
verify  the  facts  alleged  by  complainant  as  to  the  present  practice,  but  assuming  that  it  is  as 
stated,  it  seems  proper  to  request  that  for  the  safety  of  operation  of  the  cars  of  the  42nd  Street. 
Manhattanville  &  St.  Nicholas  Ave.  Railroad,  a  flagman  be  stationed  at  the  crossing  of  42nd 
Street  and  nth  Avenue  throughout  the  twenty-four  hours. 

You  further  inform  me  that,  as  the  Receivers  of  the  Metropolitan  Street  Railway  Com- 
pany also  operate  their  42nd  Street  branch  of  the  34th  Street  Crosstown  Line  on  separate 
tracks  across  the  same  intersection,  it  is  possible  that  joint  arrangements  might  be  made  with 
those  Receivers  and  with  the  New  York  Central  &  Hudson  River  Railroad  Company  for 
maintaining  such  a  flagman. 

You  further  say  that  the  report  of  your  inspector  showed  that  as  between  the  expense 
caused  by  the  delay  to  cars  while  conductors  ran  ahead  and  the  cost  of  maintaining  the  flagman, 
the  decrease  in  platform  expense  would  fully  offset  the  cost  of  the  flagman. 

285 


You  finally  ask  me  to  give  this  matter  my  careful  attention  and  return  an  answer  by 
June  nth,  stating  whether  a  flagman  will  be  stationed  at  the  crossing  as  above  suggested. 

In  reply  to  these  various  complaints,  investigations  and  suggestions,  I  have  to  say  that  I 
am  inclined  to  think  your  inspector  is  descended  from  Captain  Bunsby.  Second — I  think  it 
may  be  of  interest  to  you  to  know  that  Queen  Anne  is  dead.  Third — I  have  the  honor  to  in- 
form you  that  four  flagmen  have  been  stationed  at  the  point  your  inspector  has  been  inspect- 
ing, for  ten  years,  two  by  day  and  two  during  the  night,  and  the  profound  suggestion  of  your 
inspector  that  the  expense  of  a  flagman  should  be  divided  with  others  interested,  appears  to 
have  also  dawned  on  the  minds  of  those  who  made  the  contracts  for  four  flagmen  in  1899. 

Finally  I  venture  to  suggest  that  if  your  Honorable    Body    really    desires    to    inspect    and 

ratiocinate  about  the  obvious  at  the  public  expense,  they  should  employ  inspectors  who  can 

inspect. 

Yours  truly, 

Receiver. 


New   York,   June   5,    1909. 
Frederick  W.   Whitridge,  Esq., 
Receiver,  Union  Railway  Co., 

130th    Street   and   Third  Avenue, 
New    York    City. 
Dear  Sir:  " 

Harry  Robitzek,  1296  Hoe  Avenue,  Bronx,  has  made  complaint  to  the  Commission,  on  behalf  of  the 
"Property  Owner's  Association,"  that  an  inadequate  service  is  furnished  on  the  Southern  Boulevard  line  of 
the   Union   Railway   Company. 

A  count  of  the  passengers  carried  was  made  at  Southern  Boulevard  and  138th  Street.  On  May 
I2th  from  7.00  to  10.00  a.  m.,  on  May  13th  from  4.30  to  7.00  p.  m.,  and  on  May  26th  from  7.00  to  9.30 
A.  M.  counts  were  made  at  Westchester  Avenue  and  Southern  Boulevard.  Counts  were  made  at  r38th  Street 
and  Southern  Boulevard  also,  for  24  hours  on  May  21st  and  May  24th. 

Result  of  the  investigation  indicated  that  the  main  cause  for  complaint  is  the  irregular  headways 
maintained.  When  the  average  headway  is  supposed  to  be  about  7V2  minutes,  minimum  and  maximum 
headways  of  i  and  18  minutes  respectively  were  observed.  Again,  minimum  and  maximum  headways  of  3 
and  20  minutes  were  noted  when  the  average  headway  was  about  10  minutes.  There  seemed  to  be  no 
reason  for  the  headways  being  so  irregular.  If  headways  can  be  maintained  reasonably  near  to  the  sched- 
ules provided,  there  will  probably  be  no   further  cause  for  complaint. 

Will   you   please   inform  the   Commission  by  June  15th  of  the  measures  which  will  be  taken  to  satisfy 

the   complaint. 

Yours    very   truly, 

GFD/CWT  TRAVIS   H.   WHITNEY, 

C-3466  Secretary. 


New  York,  June  7,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  5th  referring  to  the  complaint  of  Mr.   Harry  Robitzek  about  the   in- 
adequate service  on  the  Southern  Boulevard,  giving  me  the  result  of  your  investigations  thereon. 

286 


I  cannot  accept  the  result  of  any  investigations  which  lead  to  such  conclusions  as  those  you 
state.     I  do  not  believe  the  facts  are  accurately  stated. 

I  think  this  is  probably  a  case  such  as  that  referred  to  in  my  letter  of  May  loth,  in  which 
I  have  suggested  that,  in  case  of  complaints  requiring  investigation,  we  should  arrange  to  make 
a  joint  inspection.  At  the  same  time  I  am  quite  aware  that  there  are  and  indeed  must  be  cer- 
tain irregularities  in  the  service  of  the  Southern  Boulevard  Line,  for  the  present  at  least,  occa- 
sioned mainly  by  the  traffic  in  the  Harlem  River  which  has  caused  the  Third  Avenue  Bridge 
to  be  opened  more  than  usual — the  day  before  yesterday,  for  instance,  I  happened  to  notice  from 
my  window  that  the  bridge  was  open  for  twelve  minutes  and  the  cars  on  both  sides  stalled — 
and  occasioned  also  by  very  large  building  operations  which  are  now  being  conducted  along  the 
Southern  Boulevard.  In  one  case  on  Saturday  the  obstruction  on  the  Railway  held  up  the  cars 
for  not  less  than  eight  minutes. 

In  this  connection  I  beg  to  inform  you  that  one  of  your  inspectors  was  observed  by  one  of 
my  inspectors  while  your  man  was  apparently  looking  for  something  to  inspect  and  my  man 
was  endeavoring  to  relieve  the  congestion,  and  in  reply  to  your  inspector's  suggestion  that 
there  was  a  good  deal  of  delay,  he  showed  to  your  man  a  lot  of  bricks  and  sand  which  had  been 
dumped  on  our  tracks  and  informed  him  that  that  was  one  of  the  occasions  of  delay.  Your  in- 
spector finally  acquiesced  that  that  might  cause  a  delay,  but  said  there  were  other  reasons  for 
such  delay.  I  should  be  glad  to  know  whether  the  report  of  your  inspector  shows  anything  of 
this  or  anything  like  it. 

I  have  already  given  orders  that  the  Class ons  Point  cars  are  to  run  down  the  Southern 
Boulevard  instead  of  down  Westchester  Avenue,  which  will  relieve  the  congestion  on  the  latter 
Avenue  and  increase  the  service  on  the  Southern  Boulevard,  but  nothing  can  alter  the  irregular- 
ity of  headway  caused  by  the  opening  of  the  bridge  and  the  building  operations  above  men- 
tioned. 

Yours  truly, 

Receiver. 

June    I  St,    1909. 
Honorable  Public  Service  Commission  of  the  City  of  New   York, 
3rd  Division, 

230th   St.  &  Broadway,  City. 
Sir:— 

Below  I. beg  to  submit  for  your  consideration,  the  following  facts,  leaving  it  to  your  judgment  whether 
they   warrant   any   action   on   your   part. 

On  the  evening  of  the  30th  ult.,  a  party  of  five  persons,  of  which  I  was  one,  boarded  a  North  bound 
car  bearing  No.  241  of  the  Kings  Bridge  Line  at  i68th  Street  &  Webster  Avenue.  I  paid  the  fares  and 
requested  the  conductor  for  transfers  to  the  crosstown  car  telling  him  that  I  wished  to  reach  the  i8ist 
St.  Subway  at  St.  Nicholas  Avenue.  He  gave  me  the  enclosed  transfers  bearing  numbers  000822/000826, 
both  inclusive.  I  did  not  get  the  number  of  the  conductor  who  gave  me  these  transfers,  but  when  I  boarded 
car  No.  46  of  the  crosstown  line  of  the  Interborough  Company  at  the  intersection  of  Webster  Avenue  and 
Tremont  Street,  and  presented  these  transfers  in  lieu  of  fare  to  conductor,  I  believe,  No.  48,  in  charge  of 
this  car ;  he  declined  to  accept  them  on  the  ground  that  they  were  not  receivable  by  his  line,  and  I  was 
therefore  obliged   to   pay   additional    fare. 

I  present  these  facts  without  prejudice  to  either  conductor,  but  I  would  add  that  I  do  believe  that 
conductors  should  be  obliged  to  give  passengers  .the  proper  transfers,  and  that  the  companies  should  be 
obliged  to  see  to  it  that  conductors  are  made  familiar  with  transfer  points. 

Respectfully  yours, 

(Signed)  S.  SCHMALBACH, 

1388  St.   Nicholas   Ave., 
Enc.  N.    Y.    City. 

*  287 


New  York,  June  9th,  1909. 
Mr.  S.  Schmalbach, 

1388  St.  Nicholas  Avenue. 

New  York  City. 

Dear  Sir: 

I  enclose  to  you  herewith  copy  of  my  letter  to  the  Public  Service  Commission  in  answer 

to  your  complaint  of  June  1st,  which  I  hope  you  will  consider  satisfactory. 

Yours  truly. 

Enclosure :  Receiver. 


New  York,  June  9th,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

Referring  to  the  complaint  of  Mr.  Schmalbach  referred  to  in  your  letter  of  June  4th,  I 
beg  to  say  that  we  have  interviewed  the  conductor  in  question,  who  has  no  recollection  what- 
ever of  issuing  the  transfers  complained  of,  except  when  demanded  by  passengers. 

We  have  changed  the  color  of  the  transfers  issued  on  this  Line  beginning  June  ist,  which 
we  think  will  make  it  impossible  for  either  the  conductor  or  the  passenger  to  make  a  mistake, 
and  I  hope  Mr.  Schmalbach  will  forgive  us  if  we  were  in  error,  which,  however,  our  employee 

denies. 

Yours  truly. 

Receiver. 

New  York,  June  15,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: — 

I  have  your  three  letters  of  the  14th  which  I  will  answer  in  detail  as  soon  as  I  can  look 
into  the  matters  complained  of. 

In  the  meantime,  I  may  say  that  I  had  already  directed,  as  the  result  of  my  own  observa- 
tion, some  additional  cars  on  the  Kingsbridge  Road,  and  I  cannot  refrain  from  commenting  upon 
the  final  paragraph  in  one  of  these  letters,  in  which  you  say  that  "the  accident,  of  course,  only 
indicates  the  danger  of  permitting  persons  to  ride  on  crowded  cars  outside  of  the  dashboard." 

If  the  author  of  that  paragraph  supposes  that  any  railroad  allows  anybody  to  do  anything 
of  the  kind,  he  ought  to  know  better.  On  all  the  old  cars  these  bumpers  have  been  covered  with 
a  steel  shield  which  makes  it  impossible  for  a  boy  to  find-  foothold,  and  on  the  new  cars  the  steps 

288 


fold  up,  which  it  was  supposed  would  circumvent  anyone,  but  from  the  reports  it  appeared 

that  the  small  boy  is  gifted  with  a  really  devilish  ingenuity  in  finding  ways  to  ride  on  a  car 

without  paying.     The  last  instance  I  have  is  of  boys  who  tried  to  find  foothold  on  the  wheel 

guards,  but  it  is  quite  out  of  place  to  write  the  Company  as  if  they  were  "permitting"  the  things 

to  be  done. 

Yours  truly, 

Receiver. 


New  York,  June  i6th,  1909. 

Honorable  William  R.  Willcox, 

Chairman,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Mr.  Willcox: 

I  was  a  good  deal  taken  back  yesterday  to  find  that,  although  you  and  your  colleagues 
had  had  the  draft  of  the  plan  of  reorganization  since  last  Thursday,  there  was  nothing  which  you 
were  prepared  to  say  in  respect  to  it,  and  also  by  the  intimation  which  I  suppose  to  have  been 
conveyed,  by  the  statement  that,  in  the  case  of  the  Interborough  Mortgage,  the  Commission  and 
the  various  persons  concerned  had  discussed  the  matter  for  a  month ! 

This  Third  Avenue  situation  is,  to  my  mind,  extraordinarily  simple.  The  reorganization  is 
confined  within  narrow  limits  by  the  inexorable  logic  of  the  situation.  I  am  not  fitted  to  carry 
on  any  extended  discussion  about  anything  which  appears  to  me  to  be  of  that  character,  and  I 
think  it  is  probably  better,  therefore,  that  you  should  address  your  memorandum,  which  I  hope 
will  be  prepared  this  week,  to  the  Chairman,  and  that  I  should  retire  from  my  self-imposed  task 
of  laying  the  matter  before  you,  in  favor  of  somebody   else   who   can  get   your  attention   and 

your  assent  better  and  quicker  than  I  can. 

Yours  truly. 

Receiver. 


PUBLIC    SERVICE    COMMISSION. 

154   Nassau    Street.  ' 

New    York,    June    15,    1909. 
Mr.   Frederick  W.   Whitridge,   Receiver, 
Third   Avenue   Railroad    Company, 
130th  Street  &  3rd  Ave.,  N.  Y. 

Dear  Sir:— 

I  transmit  herewith  a  certified  copy  of  Resolution  Approving  Wheel   Guards   in   Case   No.    1047   adopted 
by  the   Commission  at  its  meeting  June   nth. 

Yours   very  truly, 

(S)    TRAVIS  H.  WHITNEY, 

Secretary. 
289 


STATE  OF  NEW  YORK. 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


In  the  Matter 

of  the 

Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  Improvement  in 
and  Addition  to  the  Service  and  Equipment  of  the  Metropolitan  Street  Railway 
Company  and  Adrian  H.  Joline  and  Douglas  Robinson,  its  Receivers ;  Third  Ave- 
nue Railroad  Company  and  Frederick  W.  Whitridge,  its  Receiver,  in  respect  to 
Fenders  and  Wheel  Guards  and  Safety  Devices  used  in  connection  therewith  on 
surface  cars  operated  in  the  Boroughs  of  Manhattan  and  the  Bronx,  City  of 
New  York. 


Case  No.  1047. 
Resolution  Approv- 
ing Wheel  Guards. 
Third  Avenue  Rail- 
road Co.  and  Fred- 
erick W.  Whitridge, 
its  Receiver. 


A  final  order  having  been  made  on  April  27th,  1909,  directing  the  Companies  and  the  Receivers  above 
named  to  equip  all  their  cars  in  service,  except  those  operated  by  animal  power,  with  wheel  guards  of  a 
type  or  types  to  be  approved  by  the  Commission  and  not  to  put  in  service  any  such  cars  until  so  equipped, 
and  directing  said  Companies  and  said  Receivers  to  submit  to  the  Commission  for  its  approval  drawings 
of  the  type  or  types  of  wheel  guards  intended  or  desired  to  be  used  by  them  in  compliance  with  said  order, 
and  Third  Avenue  Railroad  Company  and  Frederick  W.  Whitridge,  its  Receiver,  having  in  pursuance  of 
such  direction  submitted  and  filed  with  the  Commission  a  certain  drawing,  marked  "The  H.  B.  Life  Guard," 
of  the  wheel  guards  desired  to  be  used  by  them  in  compliance  with  said  order,  it  is 

Resolved,  that  said  type  of  wheel  guards  so  shown  on  said  drawing  be  and  the  same  hereby  is 
approved,  provided,  however,  that  said  wheel  guards  be  so  adjusted  that  the  gate  and  the  apron  shall  be 
carried  normally  not  more  than  five  (5)  inches  above  the  tram  rail,  and  that  the  distance  between  the  gate 
and  the  front  of  the  apron  shall  not  be  less  than  thirty-six  (36)   inches. 


New  York,  June  16,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  your  letter  of  the  15th  enclosing  a  Resolution  of  the  Public  Service  Commission, 
which  states  that  I,  in  pursuance  with  the  direction  of  the  Commission,  have  submitted  and 
filed  a  certain  drawing  marked  "The  H.  B.  Life  Guard,"  of  the  wheel  guards  desired  to  be  used 
by  me,  in  compliance  with  such  Commission's  order;  Therefore,  it  is  resolved  that  said  type  of 
wheel  guards  so  shown  on  said  drawing,  be  and  the  same  hereby  is  approved,  and  so  on. 

In  reply  thereto,  I  beg  to  say  that  the  wheel  guards  used  by  me,  were  not  purchased  in 
compliance  with  any  order  whatever.  They  were  ordered  by  me  before  your  Commission  made 
any  order  in  the  premises,  or  had  any  hearings  on  the  subject.  It  is  true  that  you  asked  me 
for  certain  drawings  and  I  asked  the  contractors  to  send  them  to  you,  although  that  seemed  to 
me  to  be  very  useless  in  view  of  the  fact  that  you  had  conducted  extensive  investigations  into 
this  subject  and  had  all  such  drawings  in  your  possession.  However,  perhaps  I  ought  to  ex- 
press my  gratification  that  a  thing  which  I  did  of  my  own  volition,  without  any  direction,  order, 

or  intimation  from  you  is  finally  approved  by  you. 

Yours  truly. 

Receiver. 

290  ;, 


PUBLIC    SERVICE   COMMISSION. 

154   Nassau   Street 

New   York,  June   14,   1909. 
Frederick    W.    Whitridge,    Esq., 

Receiver,  Union  Railway  Company, 
130th   Street  &  Third  Avenue, 
New  York  City. 
Dear  Sir:— 

On  June  12th  at  11 :40  A.  M.  while  northbound  car  No.  860  of  the  Fordham  Line  of  the  Union  Railway 
Company  was  standing  at  Third  Avenue  and  155th  Street  it  was  struck  in  the  rear  by  northbound  car  No. 
881   of  the  West  Farms  Line  with  considerable  force. 

Our  inspector  reports  that  while  in  the  vicinity  investigating  the  accident  he  noticed  several  features 
of  operation  which  may  be  of  interest  to  you  to  know  about. 

At  the  corner  of  161  st  Street  and  Third  Avenue  passengers  waited  nearly  twenty  minutes  for  a  West 
Farms  car  and  when  the  car  No.  883,  conductor  464,  came  along  there  were  26  adult  persons  and  several 
children  to  board  it.  The  inside  running  board  of  the  car  was  down,  whereas  it  should  have  been  hooked  up. 
About  half  a  block  north  of  175th  Street  on  Boston  Road,  car  No.  900  of  the  West  Farms  Line  passed 
on  a  northbound  track  at  a  terrific  speed.  About  half  a  block  further  on  the  trolley  pole  came  off  the 
trolley  wire  and  thrashing  about,  struck  each  cross  section  of  the  subway  structure  that  it  passed  until  it 
had  knocked  the  pole  completely  out  of  shape.  The  car  ran  for  about  a  block  and  a  half  before  the  motor- 
man  succeeded  in  stopping  it  at  Tremont  Avenue.  A  crowd  gathered  round  the  car  and  it  was  found  that 
in  some  way  after  the  pole  came  off  the  transom  on  the  top  of  the  car  at  the  rear  end  had  been  broken  and 
the  glass  from  it  had  fallen  over  the  passengers,  some  of  whom  were  complaining  of  being  cut.  There 
was  no  evidence  that  any  one  was  really  hurt.  The  distance  run  by  the  car  after  the  pole  was  off  seemed 
to  indicate  that  the   motorman   was  running  recklessly  and  had  lost  control. 

At  about  3:45  P.  M.,  car  No.  75  of  the  Westchester  Line  passed  with  the  rear  platform  crowded  and 
a  boy  standing  on  the  rear  bumper.  The  number  of  the  car  was  partially  obscured,  but  appeared  to  be 
No.  75.  On  May  i6th  on  a  car  of  another  company  a  boy  standing  in  a  similar  position  had  his  legs 
broken  by  a  car  in  the  rear  bumping  into  the  one  on  which  he  was  standing.  The  accident  of  course  only 
indicates  the  danger  of  permitting  persons  to   ride  on  crowded  cars  outside  of  the  dashboard. 

Yours  very  truly, 

(S)    TRAVIS  H.  WHITNEY, 

Secretary. 


PUBLIC    SERVICE    COMMISSION, 

154  Nassau  Street, 

New   York,   June    14,    1909. 
Frederick   W.   Whitridge,   Esq., 

Receiver,  Union   Railway   Company, 
130th  Street  &  Third  Avenue, 
New  York  City. 
Dear  Sir : — 

I  beg  to  submit,  for  your  attention  and  appropriate  action,  the  following  instance  of  indifference  or 
careless  operation  of  cars,  and  of  improper  conduct  of  an  employee,  affecting  the  comfort,  safety  or  rights 
of  passengers. 

Car  No.  34  of  the  Tremont  Avenue  Line  left  Tremont  and  Third  Avenue  terminus  about  8:00  P.  M., 
June  5th,  bound  for  Westchester  Village,  without  any  headlight.  It  would  seem  that  it  was  the  duty  of 
both  the  motorman  and  the  starter  to  see  that  the  car  had  a  headlight  at  that  hour,  especially  as  West 
Farms  Road  is  in  a  bad  condition,  making  the  running  of  cars  after  dark  without  headlights  dangerous. 
About  10:00  P.  M.  Saturday,  June  5th,  car  No.  619  and  the  one  preceding  it  left  Simpson  Street 
station  of  the  subway  packed  to  the  limit  with  passengers.  The  Westchester  Avenue  Line  has  been  under 
observation    and    overcrowding   has   been    common,    but   little   if  any   improvement  has  been   made. 

On  Sunday,  June  6th,  about  11  :i5  A.  M.  it  is  alleged  that  conductor  No.  569  on  Third  Avenue  car 
No.  876  of  the  Union  Railway  Company  was  abusive  and  insolent  to  passengers  alighting  at  Webster  Avenue 
and  Fordham  Road. 

Yours    very   truly, 

(S)    TRAVIS  H.  WHITNEY, 

Secretary. 


New  York,  June  17,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Coinmission, 

154  Nassau  Street,  New  York  City. 

My  Dear  Sir: — 

I  have  your  two  letters  of  the  14th  giving  me  instances  of  the  activity  and  intelligence  of 
your  inspectors,  and  in  reply  to  the  various  complaints  I  have  to  say  as  follows: 

COMPLAINT  No.  i. 

On  June  12th,  at  11:40  A.  M.  while  northbound  car  No.  860  of  the  Fordham  Line  of  the 
Union  Railway  Company  was  standing  at  Third  Avenue  and  155th  Street  it  was  struck  in  the 
rear  by  northbound  car  No.  881  of  the  West  Farms  Line  with  considerable  force: 

Regarding  this  complaint,  car  No.  860  had  stopped  at  154th  Street  and  Third  Avenue  for 
the  purpose  of  letting  off  passengers,  and  car  No.  881  was  following  behind  at  about  the  usual 
distance  of  one  block  apart,  and  the  motorman  of  car  No.  881  assumed  that  the  car  preceding 
him  would  start  before  he  reached  154th  Street,  and  he  did  not  attempt  to  brake  up  his  car 
until  he  was  so  close  to  car  No.  860  that  he  struck  the  rear  bumper.    It  was  careless  of  him! 

The  result  of  the  collision  between  the  two  cars  was  the  breaking  of  one  light  of  glass  in 
car  No.  881. 

COMPLAINT  No.  2. 

At  the  corner  of  i6ist  Street  and  Third  Avenue,  passengers  waited  nearly  twenty  minutes 
for  a  West  Farms  car,  and  when  the  car,  No.  883,  Conductor  No.  464,  came  along  there  were  26 
adult  persons  and  several  children  to  board  it.  The  inside  running  board  of  the  car  was  down, 
whereas  it  should  have  been  hooked  up. 

The  delay  to  car  No.  883  was  caused  by  the  opening  of  the  Third  Avenue  Bridge,  and  as 
the  two  leaders  of  this  car  were  South  of  the  Third  Avenue  Bridge  it  was  necessary  to  turn 
back  car  No.  883  when  it  arrived  at  the  northerly  terminus  of  the  Bridge  to  fill  the  gap,  which 
necessarily  caused  the  delay. 

As  this  car  was  switched  back  by  the  Inspector,  it  is  possible  in  the  hurry  of  the  crew  to 
fill  the  gap,  caused  by  the  Bridge  opening,  that  the  conductor  neglected  to  hook  up  the  running 
board  as  he  should  have  done,  and  as  the  rules  strictly  require  shall  be  done  in  all  instances. 

COMPLAINT  No.  3. 

About  half  a  block  north  of  175th  Street  on  Boston  Road,  car  No.  900  of  the  West  Farms 
Line  passed  on  the  northbound  track  at  a  terrific  speed.  About  half  a  block  further  on  the  trol- 
ley pole  cam(?  off  the  trolley  wire  and  thrashing  about,  struck  each  cross-section  of  the  Subway 
structure  that  it  passed  until  it  had  knocked  the  pole  completely  out  of  shape.  The  car  ran  for 
about  a  block  and  a  half  before  the  motorman  succeeded  in  stopping  it  at  Tremont  Avenue. 
A  crowd  gathered  around  the  car  and  it  was  found  that  in  some  way  after  the  pole  came  off  the 
transom  on  the  top  of  the  car  at  the  rear  end  had  been  broken  and  the  glass  froiji  it  had  fallen 
over  the  passengers,  some  of  whom  were  complaining  of  being  cut.  There  was  no  evidence  that 
anyone  was  really  hurt.    The  distance  run  by  the  car  after  the  pole  was  off  seemed  to  indicate  that 

the  motorman  was  running  recklessly  and  had  lost  control. 

292 


Car  No.  900  of  the  West  Farms  Line  was  proceeding  along  Boston  Road  and  at  Vyse  Ave- 
nue, which  nearly  intersects  176th  Street,  the  car  stopped  for  the  purpose  of  taking  on  two 
women  passengers,  and  after  starting  up  again  upon  signal  from  the  conductor,  and  while  he 
was  walking  along  the  running  board  for  the  purpose  of  collecting  the  fares  of  the  two  passen- 
gers mentioned,  the  trolley  pole  came  off  the  wire. 

The  motorman  going  down  the  hill  had  shut  off  his  power,  as  the  rules  of  the  Company 
require,  and  he  was  not  aware  that  the  pole  was  off,  due  to  the  fact  that  the  power  was  off  the 
car,  and  before  the  conductor  could  get  back  to  the  rear  end  of  the  car  the  pole  had  struck  two 
girders,  and  rebounded,  hitting  the  roof  of  the  car  and  breaking  a  small  light  of  glass  in  the 
fanlight.  The  motorman  stopped  the  car  (which  was  running  on  its  own  momentum)  within  a 
distance  of  seventy-five  feet  from  where  the  pole  went  off.  No  claim  was  made  of  any  injiiry 
to  passengers  or  others. 

At  the  time  of  this  occurrence  your  inspector  was  standing  near  where  the  pole  went  off 
the  wire,  and  afterwards  walked  up  to  the  motorman  and  asked  him,  "Why  he  did  not  stop  his 
car  before  the  pole  had  struck  the  girders."  The  motorman  replied,  saying  that  he  did  not  know 
that  the  pole  was  off  the  wire  until  it  struck  the  span  wire,  and  that  as  the  power  was  off  his 
car  he  had  no  means  of  knowing  that  the  pole  was  not  in  its  usual  position.  The  "terrific  speed" 
and  the  "block  and  a  half"  are  tours  de  force  of  your  inspector's  imagination. 

COMPLAL\T  No.  4. 

At  about  3:45  P.  M.,  car  No.  75  of  the  Westchester  Line  passed  with  the  rear  platform 
crowded  and  a  boy  standing  on  the  rear  bumper.  The  number  of  the  car  was  partially  ob- 
scured, but  appeared  to  be  No.  75,  On  May  i6th  on  a  car  of  another  Company  a  boy  standing 
in  a  similar  position  had  his  legs  broken  by  a  car  in  the  rear  bumping  into  the  one  on  which  he 
was  standing.  The  accident  of  course  only  indicates  the  danger  of  permitting  persons  to  ride 
on  crowded  cars  outside  the  dashboard: 

As  I  have  already  written  you,  to  talk  of  our  "permitting"  boys  to  ride  on  the  rear  bum- 
pers is  foolish.    To  stop  it  would  require  a  policeman  on  each  car, 

COMPLAINT  No.  5. 

Car  No.  34  of  the  Tremont  Avenue  Line  left  Tremont  and  Third  Avenue  terminus  about 
8:00  P.  M.,  June  5th.  bound  for  Westchester  Village  without  any  headlight.  It  would  seem  that 
it  was  the  duty  of  both  the  motorman  and  the  starter  to  see  that  the  car  had  a  headlight  at  that 
hour,  especially  as  West  Farms  Road  is  in  a  bad  condition,  making  the  running  of  cars  after 
dark  without  the  headlight  dangerous : 

There  is  no  excuse  for  car  No.  34  of  the  Tremont  Avenue  Line  leaving  the  terminus  with 
the  headlight  out  of  order.  Probably  the  conductor  and  starter  concluded  it  would  be  better  to 
operate  the  car  for  a  trip  without  the  headlight  than  to  take  it  off  the  line  and  cause  delay  and 
inconvenience  to  the  passengers  who  were  on  the  car  at  the  time.  Our  records  show  that  this  car 
was  turned  in  for  defective  lights  later  the  same  evening,  and  the  necessary  repairs  promptly 
made. 

Particular  attention  is  given  by  our  inspectors  and  starters  as  to  the  operating  of  cars,  and 

the  question  of  having  the  headlights  in  order  at  all  times  has  been   fully  impressed   upon   our 

employees. 

293 


COMPLAINT  No.  6. 

At  about  lo.oo  P.  M.,  Saturday,  June  5th,  car  No.  619  and  one  preceding  it  left  Simpson 
Street  Station  of  the  Subway  packed  to  the  limit  with  passengers.  The  Westchester  Avenue  Line 
has  been  under  observation  and  overcrowding  has  been  common,  but  little,  if  any,  improvement 
has  been  made: 

Car  No.  619  of  the  Westchester  Avenue  Line  in  charge  of  Conductor,  Badge  No.  83,  left 
128th  Street  and  Third  Avenue  at  10.35  P.  M.  and  on  this  trip  north  to  Westchester  carried  47 
cash  passengers  and  20  transfers.  Leaving  Westchester  at  10.05  P-  M.,  carried  16  transfers  and 
30  cash  passengers,  making  a  total  of  46  passengers  for  the  half  trip. 

The  Westchester  Avenue  Line  has  been  operated  upon  a  four-minute  headway  with  18  cars. 
A  short  time  ago  a  communication  was  received  from  Commissioner  Eustis  recommending  that 
additional  cars  be  placed  upon  this  line  during  the  rush  hours,  and  upon  receipt  of  said  letter  four 
cars  were  added  to  the  regular  schedule  and  have  been  operated  during  the  rush  hours  from 
6.30  to  8.00  A.  M.  and  from  5.30  to  7.00  P.  M.,  daily.  The  cars  are  operated  to  and  from  the 
last  station  of  the  subway  at  Simpson  Street  and  Westchester  Village,  and  since  the  service  has 
been  increased  no  complaint  has  been  received  by  us,  and  we  are  of  the  opinion  that  it  is  satisfac- 
tory to  our  patrons.  When  your  inspector  says  there  has  been  no  improvement  on  this  line  and 
that  overcrowding  is  common,  I  think  he  is  mistaken. 

COMPLAINT  No.  7 

On  Sunday,  June  6th,  about  11. 15  A.  M.,  it  is  alleged  that  conductor  No.  569  on  Third 
Avenue  car  No,  876  of  the  Union  Railway  Company  was  abusive  and  insolent  to  passengers, 
alighting  at  Webster  Avenue  and  Fordham  Road: 

Conductor  No.  569  in  charge  of  car  No.  876  on  June  6th  was  interviewed  by  our  Super- 
intendent upon  receipt  of  the  complaint,  and  he  denies  having  had  any  trouble  or  altercation  with 
any  passengers  or  anyone  else,  at  the  time  and  the  date  mentioned  in  the  report,  and  also  denies 
having  been  either  abusive  or  insolent  to  anybody.  As  nobody  has  complained  to  us  of  anything 
of  the  sort  and  as  your  inspector  does  not  say  exactly  what  the  abuse  and  insolence  consisted  of, 
I  am  inclined  to  think  his  imagination  also  was  a  little  over-heated.  If  he  will  send  us  details 
of  the  insolence  and  abuse,  I  shall  be  happy  to  investigate  the  matter  further. 

Yours  truly, 

Receiver. 


PUBLIC  SERVICE  COMMISSION, 

154   Nassau   Street. 
Frederick  W.  Whitridge,  Esq.,  New   York,  June   14,   1909. 

Receiver,   Third   Avenue   Railroad   Company, 
130th   Street   &  Third  Avenue, 
New   York   City. 
Dear  Sir: — 

On  May  7th  a  copy  of  a  communication  from  John  A.  Bolles,  of  the  Liberal  Republican  Club,  making 
complaint  of  the  total  lack  of  service,  between  1 130  and  5  :oo  A.  M.,  on  the  Kingsbridge  Line  of  the  Third 
Avenue    Railroad    Company    from    162nd    Street    north  to  Kingsbridge,  was  submitted  to  you. 

Your  answer,  dated  May  loth,  appears  to  have  been  unsatisfactory  to  the  complainant,  except  that 
part  of  it  in  which  you  stated  that  if  Mr.  Bolles  could  show  that  there  are  passengers  enough  desiring  to 

294 


travel  on  that  line  between  i  :30  and  5  :oo  A.  M.  to  pay  for  the  wheel  grease,  you   would  be  happy  to  put 
the   cars  back. 

Perhaps  as  an  additional  excuse  for  asking  for  service  during  the  period  mentioned  the  Liberal  Re^ 
publican  Club  may  have  had  in  mind  Section  65,  Chapter  4  of  the  Revised  Ordinances,  which  requires  cars 
to  be  operated  on  all  surface  lines  in  Manhattan  upon  a  schedule  of  not  less  than  one  car  every  twenty 
minutes  between  the  hours  of  midnight  and  six  o'clock  A.  M. 

Will  you  please  inform  the  Commission  whether  upon  consideration  you  have  not  reached  the  conclu- 
sion that  the  complaint  is  reasonable  and  can  be  satisfied  by  running  one  car  on  a  half-hour  headway  dur- 
ing the  period  from  i  :30  to  5  :oo  A.  M. 

Yours  truly, 

(S.)     TRAVIS    H.    WHITNEY, 

Secretary. 

New  York,  June  17,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  City. 

My  Dear  Sir : 

Further  referring  to  your  letter  of  the  14th  instant  in  respect  to  the  Kingsbridge  Road,  I 
have  to  say  that  I  am  having  a  count  kept  for  one  week  of  all  the  passengers  oflfering  for  trans- 
portation on  this  Road  during  the  hours  you  mentioned,  and  when  that  count  is  completed  I  will 
write  you  further  about  it. 

In  respect  to  your  statement — that  the  Commission  think  the  complaint  is  reasonable  and 
can  be  satisfied  by  running  one  car  on  a  half-hcuir  headway — I  beg  to  say  that  it  takes  one  hour 
and  twenty-four  minutes  to  make  the  round  trip  between  First  Avenue  and  224th  Street,  and  on 
a  half-hour  headway,  therefore,  we  cannot  obviously  do  the  work  with  one  car. 

In  respect  to  your  reference  to  the  City  Revised  Ordinances,  which  you  seem  to  think  are 
important  in  this  connection,  I  beg  to  refer  you  to  a  case  in  the  Court  of  Appeals  in  44  State 
Reporter  94,  which  holds  that  the  reasonableness  of  the  Ordinance  was  a  question  of  Law  for 
the  Court  to  decide,  and  that  the  defendant  railway  company  might  give  evidence  that  the  con- 
venience of  passengers  or  of  the  public  did  not  require  the  running  of  cars  within  the  hours 
specified.  As  I  say,  I  will  write  you  about  this  when  I  have  completed  the  count  of  the  passen- 
gers offered. 

Yours  truly, 

Receiver. 


PUBLIC    SERVICE    COMMISSION, 

154   Nassau   St. 

New    York,    June    21,    1909. 
Frederick  W.   Whitridge,   Esq.,   Receiver, 

42nd    St.,    Manhattanville    &    St.    Nicholas    Ave.  R.R.,  130th  Street  &  Third  Avenue,  New  York  City. 

Dear  Sir: 

Under  date  of  June  2nd  I  wrote  you  relative  to  a  complaint  that  had  been  filed  in  this  office  as  to 
the  manner  of  operating  cars  of  the  42nd  Street  Line  across  Eleventh  Avenue,  and  asking  your  consid- 
eration of  certain  suggestions.  Under  date  of  June  4th  you  stated  that  joint  arrangements  had  been  made 
with  the  New  York  Central  and  Hudson  River  Railroad  Company  for  the  maintaining  of  fiagmen  at  this 
point   and   reflected   upon   the   observations   of  the   inspectors  of  this   Commission. 

295 


In  reply  I  desire  to  state  that  the  Commission  has  been  aware  of  the  fact  that  there  are  flagmen  along 
the  line  of  the  New  York  Central  tracks  on  Eleventh  Avenue.  Proper  protection  along  Eleventh  Avenue 
has  in  fact  been  a  matter  of  much  concern  for  a  considerable  period  of  time.  It  was  a  matter  of  agitation 
before  the  Legislature  and  it  was  made  the  subject  of  a  complaint  before  the  Commission.  Various  hear- 
ings were  held  relative  to  it.  At  no  time,  however,  during  the  proceedings,  was  it  brought  to  the  attention 
of  the  Commission  that  the  flagmen  maintained  by  the  New  York  Central  were  paid  in  part  by  other  com- 
panies in  the  city,  or  were  under  any  obligation  to  the  street  car  companies.  Conversations  since  held 
with  these  flagmen  and  examination  of  instructions  from  the  New  York  Central  to  its  employees  disclosed 
that  the  flagmen  maintained  at  these  crossings  have  no  instructions  that  they  are  under  any  duty  to  the 
street  car  companies. 

Your  letter  is  the  first  intimation  that  there  was  such  an  agreement,  which,  if  still  in  existence,  should 
have  been  filed  both  by  the  42nd  Street,  Manhattanville  &  St.  Nicholas  Avenue  Railroad  Company  and  the 
New  York  Central  and  Hudson  River  Railroad  Company  in  compliance  with  the  order  of  the  Commission 
requiring  the  filing  of  all  agreements  affecting  traffic.  In  view  of  this  order  will  you  please  file  a  copy  of 
this  at  once?  This  agreement,  copy  of  which  has  been  seen  by  an  employee  of  the  Commission,  provides 
that  the  42nd  Street,  Manhattanville  &  St.  Nicholas  Avenue  Railroad  and  the  Third  Avenue  Railroad 
Co.  as  parties  of  the  second  and  third  part,  will  adopt  and  cause  to  be  enforced  rules  requiring  each  car  in 
approaching  the  crossing  to  come  to  a  full  stop  before  crossing  and  the  conductors  to  go  forward  and  look 
in  both  directions  for  approaching  trains,  cars  or  engines,  and  in  no  case  shall  such  car  be  started  forward 
until  the  conductor  had  looked  in  both  directions  and  ascertained  that  there  is  no  approaching  train,  car 
or  engine. 

It  is  the  lack  of  just  such  protection  as  this  about  which  complaint  was  made,  concerning  which  I 
wrote  you  the  letter  of  June  2.  The  actual  practice  of  your  Company  appears  to  be  a  violation  of  the  very 
agreement  which  you   resurrect  as  an  answer  to  my  letter. 

Very  truly  yours, 

TRAVIS    H.    WHITNEY, 

Secretary. 


New  York,  June  23rd,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  21st.  I  understand  that  the  contract  to  which  you  refer  has  already 
been  filed  with  the  Commission  in  response  to  the  Order  to  which  you  refer,  made  before  I  as- 
sumed jurisdiction  over  this  Company.     I  enclose  copy. 

In  respect  to  the  particular  matter  of  the  crossing  at  42nd  Street  &  Eleventh  Avenue,  I  un- 
derstood your  previous  letter  to  say  that  flagmen  ought  to  be  stationed.  My  reply  was  for  the 
purpose  of  pointing  out  to  you  that  the  flagmen  already  were  stationed.  The  rest  of  the  contract 
to  which  you  refer  seems  to  me  to  be  a  matter  between  parties  and  of  no  public  interest.  So  far 
as  the  public  are  concerned,  the  fact  is  the  flagmen  are  stationed  at  that  point  at  all  hours  of  the 
day.  On  the  approach  of  the  train  on  the  New  Your  Central  Tracks,  a  flagman  stands  in  the 
middle  of  the  street.  It  seems  to  me  perfectly  obvious  that  there  is  no  necessity  of  having  the 
conductor  go  forward,  and  it  is  not  convenient  to  have  him  do  so.  With  the  flagmen  there,  there 
is  no  danger  of  any  collision,  nor  has  there  been  any  such  collision.    The  complaint  to  which  you 

refer,  you  did  not  send. 

Yours  truly. 

Receiver. 
2^ 


June   23,    1909. 

Mr.   Frederick  W.  Whitridge, 
Receiver. 

Dear    Sir:— 

I  hand  you  herewith  two  copies  of  a  letter  dated  June  22,  1909,  from  Travis  H.  Whitney,  Secretary 
of  the  Public  Service  Commission  for  the  First  District,  together  with  order  in  case  No.  11 18  approving 
the  form  of  annual  report,  etc.,  and  a  copy  of  your  acknowledgment  of  the  receipt  of  two  blank  forms  for 
the  annual  report. 

These  papers  are  copies  of  the  letters  addressed  to  you  as  Receiver  of  the  Union  Railway,  and  are 
in  all  respects  similar  to  those  received  by  you  as  Receiver  of  the  other  companies  or  by  Mr.  Maher  or 
myself  as  officers  of  the  old  corporation. 

Yours  respectfully, 

W.  FARRINGTON, 

Auditor. 
RM-HMF.  R.  M. 


PUBLIC  SERVICE  COMMISSION 

154  Nassau   St. 

New  York,  June  22,  1909. 
Frederick  W.  Whitridge,  Receiver, 
Union   Railway   Company. 

Dear    Sir : — 

By  direction  of  the  Commission  I  send  herewith  and  hereby  serve  upon  you  a  certified  copy  of  an 
order  in  case  No.  11 18  approving  and  prescribing  the  form  of  annual  report  for  street  and  electric  railway 
companies  for  the  year  ending  June  30,  1909,  and  two  copies  of  the  said  form  of  annual  report.  One  copy 
of  the  form  should  be  retained  in  your  office  files  for  purposes  of  reference  in  case  correspondence  becomes 
necessary  respecting  any  part  of  the  report.  The  other  copy  is  to  be  filled  out,  verified  and  returned  to  this 
Commission  as  soon  as  practicable  and  in  any  event  not  later  than  September  30th,  as  provided  by  law. 
The  order  directs  me,  as  you  will  notice,  to  notify  you  of  the  policy  of  the  Commission  to  make  no  exten- 
sions of  time  within  which   reports  are  returnable  except  for  cause  duly  shown. 

I  also  enclose  two  copies  of  a  form  of  acknowledgment  for  use  in  complying  with  the  last  paragraph 
of  the  order.  One  of  these  may  be  retained  by  you  and  the  other  is  to  be  filled  out  properly  and  returned 
forthwith  as  provided  by  Section  23  of  the  Public  Service  Commissions  Law  as  an  acknowledgment  by  your 
company  of  the  service  of  this  order  and  of  the  two  copies  of  the  form  of  annual  report. 

Very  truly   yours, 

(Signed)     TRAVIS   H.   WHITNEY, 

Secretary. 


New  York, 

June    23,    1909. 
PUBLIC    SERVICE   COMMISSION 

FOR  THE  FIRST  DISTRICT. 
Sirs  :— 

The  Receiver  of  the  Union  Railway,  the  undersigned,  hereby  notifies  you  that  the  undersigned  has 
received  a  certified  copy  of  the  order  made  by  you  prescribing  the  form  of  annual  report  to  be  made  and 
filed   for  the  year  ending  June  30,   1909,  together  with  two  copies  of  the  form  of  annual  report. 

(Signed)      F.    W.    WHITRIDGE, 

Receiver  Union  Railway. 

297 


Tribune  Building,  154  Nassau  St. 
Borough  of  Manhattan,   City  of   New   York. 
STATE  OF  NEW  YORK. 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter  1 

/  Case  No.  11 18. 
of  the  I        Order  approving 

Form  of  annual   report  to  be  filed  by   Street  and  Electric  Railroad  Corporations  /       form  oFannuaf  re-^ 
within  the  jurisdiction  of  the   Public   Service  Commission   for  the   First  District  V       port,  etc. 
in  accordance  with  Section  46  of  the  Public  Service  Commission  Law.  I 

It  is  hereby 

ORDERED:  That  the  form  of  annual  report  for  street  and  electric  railways  for  the  year  ended  June 
30,  1909,  prepared  by  the  Chief  Statistician  under  the  direction  of  this  Commission,  and  printed  and  desig- 
nated as  "Annual  Report  Form  E  1908-9,  and  Electric  Railways"  (serial  form  No.  2161),  a  copy  of  which 
is  now  before  this  Commission,  be  and  the  same  hereby  is  approved;  that  such  copy  duly  authenticated  by 
the  Secretary  of  the  Commission  be  filed  in  its  archives,  and  that  said  copy  so  authenticated  and  filed 
shall   be   deemed   the   original   form   prescribed   hereunder. 

ORDERED :  That  the  said  form  so  designated  "Annual  Report  Form  E.  1908-9,  Street  and  Electric 
Railways"  be  and  is  hereby  prescribed  by  this  Commission  as  the  form  of  annual  report  for  the  year 
ending  June  30,  1909,  required  to  be  made  and  filed  with  said  Commission  on  or  before  September  30, 
1909,  by  every  street  railroad  corporation  and  by  every  railroad  corporation  owning,  controlling  or  operating 
any   railroad   on   which   electric   energy   is   used  as   the  principal  power  for  the  propulsion  of  cars. 

ORDERED :  That  this  order  take  effect  immediately  and  continue  in  force  until  the  expiration  of 
the  fiscal  year  ending  June  30,   1910. 

ORDERED:  That  the  Secretary  of  this  Commission  serve  in  the  manner  prescribed  by  law  upon 
each  of  said  corporations  on  or  before  June  30,  1909,  a  certified  copy  of  this  order  and  two  copies  of 
the  form  of  annual  report  hereby  prescribed  and  that  in  so  serving  upon  each  of  said  corporations  a  certi- 
fied copy  of  this  order,  the  Secretary  shall  notify  each  of  such  corporations  of  the  policy  of  the  Commis- 
sion to  make  no  extensions  of  the  time  within  which  reports  are  returnable  except  for  cause  duly  shown, 
and  it  is  further 

ORDERED:  That  in  pursuance  of  Section  23  of  the  Public  Service  Commissions  Law  every  person 
and  corporation  so  served  notify  the  Commission  forthwith  in  writing  of  the  receipt  of  the  said  certified 
copy  of  this  order  and  the  forms  of  annual  report  aforesaid,  and  that  in  case* of  a  corporation  such 
notification  be  signed  and  acknowledged  by  a  person  or  officer  duly  authorized  by  the  corporation  to  admit 
such  service. 


Travis  H.  Whitney,  Esq.,  New  York,  June  25th,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 

Dear  Sir: 

Referring  to  our  correspondence  in  respect  to  additional  service  on  the  Kingsbridge  Road,  I 
beg  to  enclose  you  herewith  copy  of  report  in  respect  to  the  traffic  carried  on  the  last  car.  You 
will  see  that  we  took  in  45  cents  in  a  week,  and  it  does  not  appear  to  me,  on  this  statement  of 
facts,  that  any  demand  for  further  cars  running  after  i  :30  is  justified.    I  hope  you  will  agree. 

Yours  truly. 

Enclosure :  Receiver. 

298 


June  25th,   1909. 
Mr.   Edward  A.   Maher, 
General  Manager. 

Dear   Sir: — 

Following  is  a  list  of  actual  number  of  passengers  carried  on  the  last  Kingsbridge  car  leaving 
East  River  terminal  i  :30  A.  M.,  North  and  South  bound  from  162nd  to  225th  Streets,  from  June  17th 
to   June   23rd,    1909.     Total   number   of  miles   traveled  and  total   cost  for  operation  based  on  22  cents  per 

car  mile: 

N.  B.  S.  B.  Miles.  Receipts. 

June    17th o  4  7.90  20c. 

i8th 2  o  7.90  IOC. 

19th o  o  7.90  00 

20th I  o  7.90  5c. 

2ist I  I  7.90  IOC. 

22nd o  o  7.90  00 

23rd o  "  7.90  00 

4  5  55-30  45c. 

Receipts   for  7  days 4Sc. 

Miles   for   7   days 55-30 

Cost  of   operation $12.16 

Showing  net  loss  of  $11.71  for  7  days. 

Very  respectfully, 

(S)    Supermtendent. 


New  York,  June  25th,  1909. 
Honorable  William  R.  Willcox, 

Chairman,  Public  Service  Commission, 

154  Nassau  Street,  City. 

My  dear  Sir: 

I  hear  that  yesterday  some  of  your  employees  moved  into  my  building  here  at  130th  Street 
with  a  certain  amount  of  furniture  and  set  up  a  plant  to  be  used  by  ten  or  twelve  different  per- 
sons, engineers,  draftsmen  and  stenographers,  who  are  engaged  in  what  they  are  pleased  to  term 
"a  valuation"  of  this  property.    This  indicates  a  gross  misapprehension  of  my  position. 

You  will  recall  that  we  have  had  considerable  correspondence  on  the  subject  of  valuation. 
I  have  said  to  you  repeatedly  that  I  should  like  to  know  what  you  were  driving  at,  and  I  have 
never  had  any  reply.  I  have  said  to  you  that  I  would  have  absolutely  nothing  to  do  with  any 
official  valuation  of  this  property  by  your  Commission  and  would  not  countenance  it  in  any  way, 
shape  or  manner.  I  have  also  said  that  if  anybody  appeared  with  a  personal  letter  of  introduc- 
tion from  you,  I  would  show  him  every  courtesy  in  my  power. 

Mr.  B.  J.  Arnold  came  with  such  a  letter  and  said  that  he  wanted  certain  information,  and 
I  called  in  Mr.  Mullaney,  Mr.  Ryder,  and  I  think  Mr.  Maher,  and  said  that  I  wished  him  to  be 
given  any  information  in  their  possession.  To  treat  that  direction  in  the  way  in  which  you  have 
now  treated  it,  is  to  put  me  in  a  position  which  you  know  perfectly  well  that  I  have  declined  to 
occupy,  of  countenancing  in  my  official  capacity  any  such  performance  your  people  are  apparently 
going  through  with.  I  have  instructed  the  Engineer's  Department  to  direct  the  gentlemen  who 
moved  in  yesterday  to  move  out  forthwith  and  take  their  furniture  with  them,  and  you  will  per- 
mit me  to  say  to  you  that  I  consider  the  manner  in  which  my  endeavor  to  be  courteous  to  Mr. 

299 


Arnold  has  been  treated,  is  about  the  coolest  thing  which  I  have  heard  of  for  a  long  time,  and  I 

could  not  excuse  it  except  that  it  is  refreshing  in  this  temperature. 

Yours  very  truly, 

(Signed)     F.  W.  WHITRIDGE, 

Receiver. 

PUBLIC  SERVICE  COMMISSION. 

154  Nassau  Street. 
Office  of  the  Chairman.  June  28th,   1909. 

-Frederick  W.  Whitridge,  Esq., 
Receiver, 

Third   Avenue   Railroad   Co., 
New  York  City. 
My  dear  Sir: — 

I  am  in  receipt  of  yours  of  June  25th  in  which  you  say  you  have  given  directions  that  certain  repre- 
sentatives of  this  department  move  out  from  what  you  term  your  building,  and  take  with  them  the  few 
articles  of  furniture   which  they  had  moved  there. 

I  have  also  directed  that  these  be  removed  at  once,  inasmuch  as  you  see  fit  to  repudiate  the  permission 
that  was  given  by  your  representatives. 

As  I  understand  the  matter  after  your  talk  with  Mr.  Arnold,  his  assistants,  Mr.  Damon  and  Mr.  Floy, 
asked  Mr.  Mullaney,  your  engineer,  if  there  was  some  space  available  in  your  building  where  the  draughts- 
men could  make  their  headquarters  while  the  work  these  gentlemen  talked  over  with  you  was  going  on.  As 
it  is  now  represented  to  me,  Mr.  Mullaney  offered  a  portion  of  the  large  room  adjoining  his  drawing-room 
and  explained  that  while  he  might  be  able  to  loan  a  desk  or  table  which  he  was  not  using,  he  did  not  have 
sufficient  furniture  for  the  men  engaged  on  the  work,  and  it  was  agreed  that  certain  drawing  tables  and 
a   desk  should  be  sent  up  to  this  outside  room,  which   was  accordingly   done. 

Had  I  known  of  this  matter,  I  should  have  objected  unless  I  could  have  been  shown  a  written  agree- 
ment that  such  occupancy  was  agreeable.  We  have  no  favors  to  ask  of  you  so  far  as  the  occupancy  of 
your  rooms  are  concerned,  and  if  you  will  send  me  a  bill  for  the  use  of  the  same,  although  authorized  by 
your  representatives — I   will  be  glad  to  send  you  my  personal  check. 

So  far  as  your  personal  views  on  the  appraisal  are  concerned,  they  are  of  no  particular  importance  and 
call  for  no  comment.  Yours   very   truly, 

W.  R.  WILLCOX, 

(Signed). 

'The  Honorable  William  R.  Willcox,  New  York,  June  29,  1909. 

Chairman,  Public  Service  Commission, 
154  Nassau  Street,  City. 

Dear  Sir: 

I  have  yours  of  the  28th.    Your  people  have  now  left  so  that  the  matter  of  your  moving 

into  my  building  without  saying  a  word  to  me  about  it,  may  be  considered  closed.     I  of  course 

regret  that  they  were  misled  by  any  of  my  employees. 

I  should  hardly  have  been  willing  to  accept  your  check  for  their  brief  occupancy,  under  any 

'Circumstances;   and   just   at  present   I   find   that  your  Commission  having  been  defeated  in  the 

first  action  brought  by  them  against  me  to  recover  certain  penalties,  went  whining  into  Court 

to  be  relieved  of  the  payment  of  costs  on  the  dismissal  of  the  next  six  actions,  which  makes  it 

impossible  for  me  to  accept  anything  from  you  while  you  are  in  such  low  water.    I  am  not  aware 

that  I  have,  of  late,  expressed  any  views  to  you  about  valuation.    I  have  asked  you  a  few  ques- 

-.tions  which  you  have  not  answered. 

Yours  very  truly, 

Receiver. 

.■^00 


New  York,  June  25th,  1909, 
Mr.   F.  W.   Whitridge,  Receiver, 

Third   Avenue   Railroad   Company, 

130th  Street  &  Third  Avenue, 

New  York  City. 

Dear  Sir: 

Our  Inspection  Department  has  recently  made  an  examination  of  the  service  upon  the  Grand  Street 
line  to  Brooklyn,  and  finds  that  during  the  twelve  15-minute  periods  in  the  evening,  eastbound  traffic,  and 
the  twelve  15-minute  periods  in  the  morning,  westbound  traffic  (24  in  all),  there  were  violations  of  the 
order  of  the  Commission  during  fifteen  of  these  periods.  This  report  clearly  indicates  that  the  service 
should  be  improved  upon  this   line. 

There  is  no  order  regarding  service  upon  the  Post  Office  line  over  the  Williamsburg  bridge,  but  the 
inspection  shows  that  if  the  usual  order  had  been  adopted,  there  would  have  been  many  periods  during, 
which  an  order  would  have  been  violated  and  that  the  service  ought  to  be  improved. 

Will  you  not  see  that  the  service  is  improved  upon  both  of  these  lines,  so  that  the  order  upon  the 
Grand  Street  line  will  be  obeyed  and  the  service  will  be  so  good  upon  the  Post  Office  line  over  the  bridge 
that  it  will  be  unnecessary  to  issue  an  order.  Another  inspection  will  probably  be  made  in  two  or  three 
weeks. 

Very  sincerely, 

MILO    R.    MALTBIE, 
MRM/EMH  Commissioner. 


Milo  R.  Maltbie,  Esq.,  New  York,  June  26,  1909. 

Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  Dear  Sir: 

I  have  yours  of  the  25th.  I  am  afraid  I  do  not  know  what  Order  of  the  Commission  you 
refer  to  in  respect  to  the  Grand  Street  Line.     Perhaps  you  will  be  good  enough  to  tell  me. 

We  are  running  the  same  number  of  cars  there  which  we  ran  last  year,  and  the  receipts  are 
rather  less  than  they  were  last  year.  Except  for  the  Post  Office  Line,  I  do  not  know  what 
would  have  become  of  the  Dry  Dock  Road.  I  have,  however,  if  you  have  reason  to  believe 
your  inspection  department,  directed  that  additional  cars  should  be  put  on  during  the  rush 
hours.     I   hope   they   will   relieve   the   congestion,  if  any  exists,  at  that  point. 

Yours  truly, 

789-790  Receiver. 


PUBLIC  SERVICE  COMMISSION. 

154  Nassau   St. 

'  New    York,   June    28,    1909. 

Mr.   F.   W.   Whitridge,   Receiver, 

Third  Avenue  Railroad  Company, 

130th    St.   &   Third   Avenue,    New    York    City. 
Dear  Sir:— 

I  beg  to  acknowledge  your  letter  of  June  26th.  The  order  to  which  I  referred  in  my  letter  of  the 
2Sth  was  Final  Order  lf42i,  as  amended  by  Order  C472,  the  amending  order  having  been  adopted  May  8th, 
1908.  I  imagine  this  will  enable  you  to  locate  the  order  in  your  files ;  but  if  you  need  another  copy,  we 
shall,  of  course,  be  glad  to  see  that  one  is  sent  you. 

Very  sincerely, 

(Signed)     MILO  R.  MALTBIE. 
301 


New  York,  June  29,  1909. 
Milo  R.  Maltbie,  Esq., 

Public  Service  Commission, 

154  Nassau  Street,  City, 

Dear  Sir: 

I  have  yours  of  the  28th  for  which  I  am  much  obliged  to  you.  I  think  we  had  some  corre- 
spondence about  this  order  a  year  or  more  ago,  to  which  I  refer  you.  My  recollection  is  that  I 
pointed  out  to  you  that  the  order  was  impracticable  and  you  yourself  agreed  that  it  was  difficult 
for  you  to  translate  it  into  a  requisition  for  any  particular  number  of  cars ;  to  which  I  replied 
that  if  you  could  not  translate  it,  I  could  hardly  be  expected  to  do  so.  I  think  there  is  one 
feature  of  the  order  which  is  also  illegal,  but,  as  I  wrote  you  at  that  time,  I  do  not  in  the  least 
wish  to  stick  upon  any  order  for  service.  I  am  anxious  for  all  the  roads  under  my  jurisdic- 
tion to  have  all  the  cars  which  they  want,  and  I  will  put  on  additional  cars  at  any  time,  if  I 
have  them,  in  answer  to  any  reasonable  request  so  to  do. 

Yours  truly. 

Receiver. 


PUBLIC  SERVICE  COMMISSION, 

154  Nassau  St. 

New  York,  July  ist,  1909. 
Mr.  F.  W.  Whit  ridge,  Receiver, 

Third  Avenue  Railroad  Company, 
130th  Street  &  Third  Avenue, 
New  York  City. 
Dear  Sir: 

Acknowledging  your  letter  of  June  29th,  I  beg  to  say  that  I  do  not  remember  having  admitted,  or 
even  indicated  in  any  way,  that  the  order  relative  to  the  service  upon  the  Grand  Street  Line  was  imprac- 
ticable. If  I  remember  correctly,  I  always  maintained  that  it  was  practicable,  and  pointed  out  that  a 
similar  standard  of  efficiency  was  being  used  upon  several  lines  in  Manhattan.  It  provides  for  an  elastic 
standard  and  allows  the  managers  of  the  roads  the  discretion  they  have  so  constantly  prayed  for,  and  at 
the  same  time  provides  a  standard  which,  if  followed,  will  give  the  public  the  service  to  which  they  are 
entitled.  I  am  hardly  ready  to  admit  that  your  assistants  are  less  efficient  than  those  operating  other  lines 
where  this  standard  is  being  followed. 

Very  sincerely, 

(Signed)      MILO  R.  MALTBIE, 

Commissioner. 


Copy. 

PUBLIC  SERVICE  COMMISSION. 

154  Nassau  St., 

City, 
June   24,   1909. 
Frederick  W.  Whitridge,  Esq.,   Receiver, 

42nd  St.,  Manhattanville  &  St.  Nicholas  Ave. 
Railroad  Co., 

130th  St.  &  Third  Ave.,  City. 
Dear  Sir: 

With  further  reference  to  the  matter  of  proper  protection  at  42nd  Street  and  Eleventh  Avenue,  con- 
cerning which  I  have  your  additional  letter  of  June  23rd,  apparently  the  main  point  of  the  complaint  con- 
cerning which  I  wrote  you  is  entirely  overlooked  by  you.     In  my  original  letter  of  June  2nd  I  state — 

302 


"The  operation  of  street  cars  across  steam  railroad  tracks  without  the  protection  of  crossing  gates  or 
"crossing  flagmen,  and  without  requiring  the  conductor  to  know  that  the  crossing  is  clear  before  giving 
"the  signal  to  go  ahead  is  undoubtedly  a  dangerous  practice  and  contrary  to  the  rules  everywhere  in  force. 
"No  observations  have  been  made  to  verify  the  facts  alleged  by  complainant  as  to  the  present  practice, 
"but  assuming  that  it  is  as  stated,  it  seems  proper  to  request  that  for  the  safety  of  operation  of  the  cars 
"of  the  42nd  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railroad  a  flagman  be  stationed  at  the 
"crossing  of  42nd   Street  and  Eleventh  Avenue  throughout  the  twenty-four  hours. 

"As  the  Receivers  of  the  Metropolitan  Street  Railway  Company  also  operate  their  42nd  Street  Branch 
"of  the  34th  Street  Crosstown  Line  on  separate  tracks  across  the  same  intersection,  it  is  possible  that 
"joint  arrangements  may  be  made  with  those  Receivers  and  with  the  New  York  Central  and  Hudson 
"River  Railroad   Company   for  maintaining  such   a   flagman." 

This  statement  did  not  assume  that  there  were  no  flagmen  at  42nd  Street  and  Eleventh  Avenue,  and 
I  was  aware  of  the  fact  that  the  New  York  Central  had  flagmen  at  that  point,  but  in  my  letter  I  was 
speaking  of  the  proper  protection  of  persons  on  street  cars  operated  by  you.  In  answer  to  my  suggestion 
you  unearth  an  old  agreement,  an  inspection  of  which  shows  that  you  are  even  violating  its  provisions. 
That  agreement  provides  that  your  cars  should  be  stopped  a  certain  distance  from  the  tracks  of  the  New 
York  Central,  the  conductor  is  to  go  ahead  and  signal  the  motorman  from  across  the  tracks;  that  you 
are  to  pay  one-half  the  expense  of  the  flagman  employed  by  the  N.  Y.  Central,  who  are  to  be  regarded 
as  joint  employees  and  that  you  are  responsible  for  damages  resulting  from  certain  classes  of  accidents. 
At  the  present  time  your  conductors  do  not  go  ahead  of  the  car  and  the  N.  Y.  Central  flagmen  appear 
to  be  joint  employees  only  in  that  you  pay  one-half  of  their  maintenance.  They  have  not  been  given  any 
instructions  that  they  owe  an  equal  duty  to  you  as  well  as  to  the  N.  Y.  Central,  nor  do  they  appear  to 
be  acting  as  employees  of  yours. 

You  state  in  your  last  letter  that  I  do  not  send  you  the  complaint  to  which  I  refer.     This  is  perfectly 

true.     I  had  supposed  that  a  general  statement  such  as  that  contained  in  my  letter  of  June  2nd  would  be 

sufficient  to  cause  you  to  give  the  actual  situation  some  attention.     Perhaps  the  complaint  may  afford  you 

additional  incentive;  accordingly  I  enclose  copies  of  the  letters  of  May  24,  1909,  and  April  5th,   1909,  from 

A.  S.  Wheeler,  General  Manager  of  the  Charles  E.  Ellis  Real  Estate  Company. 

Very   truly   yours, 

(Signed)     TRAVIS  H.  WHITNEY, 

Secretary. 
Note:  See  page  265  for  A.  S.  Wheeler  complaint. 

Travis  H.  Whitney,  Esq.,  New  York,  June  29,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  yours  of  the  24th  with  further  reference  to  the  matter  of  42nd  Street  and  nth  Ave- 
nue crossing. 

Some  time  ago  after  receipt  of  several  complaints,  I  went  down  to  that  crossing  and  found 
that  flagmen  were  stationed  there,  whose  business  it  was  when  a  train  was  approaching,  to  go 
out  into  the  middle  of  the  street  and  wave  a  flag,  which  seemed  to  me  to  be  ample  warning  to 
the  conductors  on  the  street  cars  not  to  cross  the  track. 

On  receipt  of  your  letter  containing  your  inspector's  views  as  to  the  relative  cost  of  the 
flagmen  and  platform  expenses,  caused  by  the  conductor  getting  oflf  his  car  and  going  forward, 
I  looked  up  the  contract.  As,  apparently,  you  think  it  would  be  more  regular  for  the  flagmen 
who  are  now  there,  and  have  been  there  for  ten  years,  to  be  employed  by  this  Company,  rather 
than  the  New  York  Central  Railroad,  I  have  arranged  that  that  should  be  done,  but  I  must  be 
permitted  to  think  that  it  does  not  make  the  least  difference. 

Yours  truly. 

Receiver. 
303 


New  York,  July  2nd,   1909. 
Frederick  W.   Whitridge,   Esq., 
Receiver,  3rd  Ave.  R.   R.  Co., 
130th  St.  &  3rd  Avenue, 
New  York  City. 
Dear  Sir: 

In  connection  with  our  work  on  the  Rolling  Stock  of  the  3rd  Ave.  R.  R.  Co.,  certain  detailed  informa- 
tion is  desired,  as  noted  on  attached  sheet. 

We    have    already    discussed    this    matter    verbally    with    Mr.    McWhirter,  and    understand    that    the 
information  desired  is  available. 

If  any  uncertainty  should  arise  in  regard  to  the  meaning   of  the   various   items   on   the  list,   we   shall 
be  glad  to  explain  the  same  personally. 

Very    truly    yours, 

JRB/LEK  BION  J.   ARNOLD,   Director  of  Appraisals, 

per  J.   W.    Bibbins. 

INFORMATION   DESIRED  OF  THE  ROLLING  STOCK  OF  THE  3RD  AVE.  R.  R.  CO. 

1.  Number  of  cars 

2.  Class  or  type  of  cars 

3.  Single   or   Double   Truck 

4.  Car.    Nos.    corresponding   to   different   classes 

5.  Date  purchased 

6.  Builder 

7.  Length   over  Bumpers 

8.  Length  over  corner  posts 

9.  Width    over   corner   posts. 

10.  Arrangement  of  Seats — cross  or  long 

11.  No.  of  Seats 

12.  Seating  Capacity 

13.  Weight  of  Body  or  if  purchased  with  trucks,  weight  of  truck  ' 

14.  Cost   of   Body,   or   if  purchased   with   trucks,   cost  of  car 
15-  Type  of  brakes  and  manufacture 

16.  Cost  of  Air  Brake  equipments 

17.  No.  of  Motor  Equipments  complete 

18.  No.  of  Motors  not  purchased  with  complete  equipment 

19.  Type  of  Motors 

20.  No.   of   Motors  per   equipment 

21.  Horse  Power  rating  of  each  motor 

22.  Type  of  Controller 

23'    Type  and  No.  of  Resistance  Frames 

24.  Cost  per  equipment  or  cost  per  motor 

25.  List   of   Cars   leased   to  other   Cos.   with   foregoing  information  with  regard  to  them  wherever  electrical 

equipment  may  belong  to  the  3rd  Ave.  R.  R.  Co. 

26.  List  of  Cars  rec'd  from  Met.   Str.   R.  R.   Co,  that  may  now  be  in  possession  of  the  Third  Ave.  R,  R. 

Co. 

27.  The  car  numbers  which  were  on  these  cars  when  received 

28.  The  numbers  assigned  to  them  by  the  3rd  Ave.  R.  R.  Co. 

29.  The  numbers  which  the  cars  have  at  present 

30.  The  location  of  all  leased  cars 

31.  List  of  Machine  Tools  and  tools  in  shops 

32.  Cost  of  all  labor  and  miscellaneous  materials  as  charged  to  Construction  Account. 

Memo. — To  finish  above  information  is  a  task  of    considerable    magnitude,    and    it    is    not    completed 
when  this  book  goes  to  press. 

July   9/09.  R.   W.    K. 


.■^04 


New  York,  June  30,  1909. 


Mr.  Frederick  W.  Whitridge, 

Receiver,  Third  Ave.  R.  R.  Co., 
130th  St.  &  3rd  Ave., 
New   York  City  . 
Dear   Sir: 

Will  you  kindly  furnish  us  with  the  following  information; 

The  number  of  horses   owned  by  the   Co. 

No.  of  sets  of  harness 

No.  of  emergency  or  wrecking  wagons 

No.  of  trucks,  carts,  etc 

Also  the  location  of  the  above 


CWW/GES 


Cart 


Very  truly 

yours, 

B.  J.  ARNOLD, 
Director   of   Appraisal 
By  J.  B.  Bibbins. 

LIST  OF 

CARTS. 

#4  Iron  Dumper  at 

Grand  Street. 

$5  Iron  Dumper  at 

Grand  Street. 

t6  Iron  Dumper  at 

Grand  Street. 

tsi  Wooden 

Dumper 

at  Grand  Street. 

JfS2  Wooden 

Dumper 

at  Grand   Street. 

J53  Wooden 

Dumper 

at  Grand   Street. 

lf54  Wooden 

Dumper 

at  65th   Street. 

#55  Wooden 

Dumper 

at  Fort  Lee. 

$216        " 

" 

at   Fort  Lee. 

8236 

i< 

at  65th   Street. 

$240        " 

« 

at  65th  Street. 

«249        " 

" 

at  Fort  Lee. 

«252          " 

« 

at  6sth   Street. 

«253        " 

K 

at  65th    Street. 

«2S5        " 

« 

at  65th   Street. 

$258     " 

« 

at  65th   Street. 

$281 

" 

at  65th   Street. 

Jf282 

" 

at  Fort  Lee. 

$283     " 

« 

at  65th   Street. 

Total  19  Carts. 

' 

July   7th,    1909. 

The  following  is  a  list  of  Trucks,  Carts  and  Emergency  Wagons  in  Service  of  Third  Avenue  Railroad 
Company. 

Wagon 
Number 
$1  Emergency  Wagon  at  65th  Street. 
#2  "  "      at  Bayard  Street. 

$3  "  "      at  65th   Street  on   Reserve. 

«4  "  "      at  Fort  Lee. 

$6  Cable  Truck  at  65th   Street. 
#58  Dumping  Truck    at    Fort    Lee. 
$60  Dumping  Truck  at   Grand    Street. 
$61  Dumping  Truck  at  65th  Street. 
$209  Platform  Truck  at  65th  Street. 
$211  Dumping  Truck  at  65th   Street. 
$222  Platform  Truck  at  65th  Street. 
Jf223  Rack  Truck  at  65th  Street. 
$245  Reach  Truck  at  65th  Street. 
$205  Long  Body  '    agon  at  65th   Street. 
C226  Light  Wagon  at  65th  Street. 

305 


July  7th,  igog. 


Wagon 
Number. 

#248  Shed  Wagon  at  65th  Street. 
$228  Shed  Wagon  at  65th  Street. 

Total —  4  Emergency  Wagons. 
"         3  Light  Wagons. 
10  Trucks. 

July  7th,   igc) 
LIST  OF  HORSES  AND  WHERE  THEY  ARE  STABLED. 

Number  of  Horses  in  Fort  Lee  Stable. 

4  Horses   (2  Teams)   for  Emergency  Wagon. 
2        "       (i  team)   for  Tube  Cleaning. 
I  Horse  (i  Cart)  for  Tube  Cleaning. 

1  Horse  (i  Cart)  for  Car  House  Cleaning. 

2  Horses   (2  Carts)   for  Construction  work. 

Total  10  Horses  at  Fort  Lee  Stable. 
In  Grand  Street  Stable. 
2  Horses  (i  Team)  for  Tube  Cleaning. 
2  Horses  (2  Carts)  for  Tube  Cleaning. 
4  Horses    (4  Carts)    for  Construction  work. 

Total  8  Horses  at  Grand  Street  Stable. 

In  65th  Street  Stable. 

4  Horses  (2  teams)    for  Emergency  Wagon. 

4  Horses  (2  teams)    for   Construction   Work. 

5  Horses  (5  Carts)    for   Construction   work. 
2  Horses  (2  light  wagons)    for  material. 

Total  IS  Horses  at  6sth  Street  stable. 
TOTAL   NUMBER   OF  HORSES   33- 

LIST  OF  HARNESS   IN   SERVICE. 

9  Sets   of  Team   Harness. 
12  Sets  of  Cart  Harness. 
2  Sets  of  Light  Wagon  Harness. 
Total  23  Sets  of  Harness. 

2  Sets  Team  Harness  at  Fort  Lee. 

4  Sets   Cart   Harness   at   Fort   Lee. 

2  Sets  Team  Harness  at  Grand  Street. 
6  Sets  Cart  Harness  at  Grand  Street. 

5  Sets  Team  Harness  at  65th  Street  and  Third  Avenue. 
2  Sets  Cart  Harness  at  65th  Street  and  Third  Avenue. 

2  Sets  Wagon  Harness  at  65th  Street  and  Third  Avenue. 

PUBLIC  SERVICE  COMMISSION. 

154   Nassau   St. 

New   York,  July  2,   1909. 
F.  W.  Whitridge,  Esq., 

Receiver,  Third  Avenue  Railroad  Co.,  ' 

1 1 19  Third  Avenue,  New  York  City. 

Dear  Sir : 

A  discrepancy  has  been  discovered  between  the  quarterly  reports  of  the  Third  Avenue  Railroad  Co.  for 
the  quarters  ended  March  31  and  June  30,  1908,  and  the  annual  report  of  the  Receiver  of  the  Third  Avenue 
Railroad  to  this  Commission  for  the  period  January  12  to  June  30,  1908,  as  follows: — 

Income  from 
Quarter  ended.         Gross  Revenue.  other  sources. 

March    31 $428,818.94  $85,081.00 

June    30 916^759.47  98,58567 

Total    ..$1,345,578.41  $183,666.67 

306 


Operating  Expenses 
Quarter  ended 

March    31 $289,516.37 

June    30 693,338.63 

$982,855.00 
Annual   Report   Jany.    12 — Jun.   30,   1908. 
Gross    Revenue  Non-Operating   Income 

$1,393,905.11  $13,141.67 

Summary 

Gross    Revenue — Annual    Report $i,393,905ii 

"  "        —Sum  of  Quarterlies 1,345,578.41 

Excess  G.  R.— Annual  Report 48,326.70 

Third   Avenue   Railroad   Co. 

Other  Income — Sum  of  Quarterlies $183,666.67 

Non-Operating    Income — Annual    Report , 13,141.67 

Excess  Sum  of  Quarterlies $170,525.00 

Operating  Expenses — Sum  of  Quarterlies $982,855.00 

Operating   Expenses — Annual   Report 982,855.00 


The  above  figures  for  Gross  Revenue  and  for  Operating  Expenses,  taken  from  the  annual  report  for 
the  period  January  12  to  June  30,  were  the  figures  originally  reported,  but  afterwards  changed  at  our  sug- 
gestion to  more  nearly  conform  to  present  classifications  now  in  use.  You  will  note  that  the  Operating 
Expenses  originally  reported  in  the  annual  report  for  the  above  named  period  agree  exactly  with  the  sum 
of  the  two  quarterly  reports  covering  the  same  period,  while  the  Gross  Revenues  originally  reported  in  the 
annual  report  exceeded  the  sum  of  gross  revenues  shown  in  the  two  quarterly  statements  covering  the  same 
period  by  $48,326.70.  Income  from  other  sources  for  the  two  quarterly  periods  exceeded  Non-Operating 
Income  as  reported  in  the  annual  return  for  the  same  period  by  $170,525.00.  If  we  add  Gross  Revenue  and 
other  Income  together  in  the  case  of  the  quarterlies  and  in  the  case  of  the  annual  report,  and  combine,  we 
have  the  following  discrepancy : — 

Total  gross  revenue — sum  of  quarterlies $1,345,578.41 

Excess  sum  of  other  income  (quarterly  reports)   over  non-operating  in- 
come  (annual  report) 170,525.00 

$1,516,103.41 
Gross   revenue — annual   report i>393,905.ii 

Discrepancy    $122,198.30 

Exhibit  No.  24,  submitted  in  evidence  at  the  time  of  the  hearing  in  the  59th  St.  Transfer  case,  Orders 
786  and  796  of  this  Commission,  gives  the  income  account  of  the  Receiver  of  the  Third  Avenue  Railroad 
Co.  from  Jan.  12  to  Sept.  30,  1908.  Earnings  are  reported  to  be  $2,231,303.46.  If  we  deduct  the  gross  rev- 
enues originally  reported  in  your  annual  report  for  the  period  Jan.  12  to  June  30  from  the  above  figures,  we 
should  have  the  revenues  for  the  quarter  ended  Sept.  30,  1908  as  the  remainder.  The  following  discrepancy, 
however,  is  found  to  exist: — 

Third  Avenue  Railroad  Co. 

Earnings  Jan.  12  to  Sept.  30,  1908 $2,231,303.46 

Gross    Revenue — annual*  report — Jan.    12   to   June   30 i,393.905-ii 

Difference    $837,398.35 

Gross  revenue  reported  for  quarter  ended  Sept.    30    1908. . . .  $790,995.55 
Income  from  other  sources  reported  for  quarter    ended    Sept. 

30,    1908 34,126.00 

■       825,121.55 

$12,276.80 

307 


In  the  above  discussion  as  well  as  in  that  preceding  the  gross  revenues  and  operating  expenses  taken 
from  the  annual  report  are  those  originally  reported  before  the  correction  was  made  at  our  suggestion.  For 
the  purpose  of  clearing  up  the  above  mentioned  discrepancies  the  corrections  in  operating  expenses  and  gross 
revenues  of  your  report  for  the  period  Jan.  12  to  June  30,  1908,  made  at  our  suggestion,  may  be  disregarded. 

In  checking  over  these  data  to  clear  up  the  discrepancies  will  you  kindly  make  up  a  statement  showing 
the  receipts  from  the  sale  of  power  to  other  companies  which  are  included  either  in  earnings  or  in  income 
from  other  sources  in  the  reports  for  the  quarters  ending  March  31,  June  30,  and  September  30,  1908?  In 
giving  this  statement,  will  you  kindly  separate  receipts  from  sale  of  power  to  outside  companies  from  re- 
ceipts from  the  sale  of  power  to  system  companies? 

Will  you  kindly  give  these  matters  your  early  attention,  and  let  us  have  your  explanation  of  the  dis- 
crepancies as  soon  as  possible,  and  oblige, 

Your  very  truly, 

AFW-LER  (Signed.)     TRAVIS   H.   WHITNEY, 

Secretary. 

Regarding  communication  of  Mr.  Travis  H.  Whitney,    Secretary   of    Public    Service    Commission,    dated 
July  2,  1909,  in  reference  to  certain  discrepancies  or  differences  in  the  earnings  of  the  Third  Avenue  Rail- 
road, as  reported  to  the  Commission,  in  the  Annual  Report  of  June  30,  1908,  the  quarterly  reports  of  March 
31,  June  30,  and  September  30,  1908,  and  an  exhibit  submitted   in  evidence   in   the  Transfer  hearings : — 
Excess  of  $48,326.70  in  the  Gross  Earnings  as  per  Annual  Report  over  the 
sum  of  the  two  quarterlies — March  31st  and  June  30,   1908.     Rent  of 

equipment — included  in  operating  revenue  in  Annual  Report $61,506.00 

Less  Rent  of  Land  &  Buildings — included  in  other  income  in  Annual  Re- 
port         13,141.67 

$48,364.33 
Less  an  adjustment  made  to  Rents  in  compiling    the    Annual    Report 37.63 

$48,326.70 

In  the  three  quarterly  reports  Rent  of  Equipment  was  considered  as  "Income  from  other  sources"  and 
Rent  of  Land  and  Buildings  was  classified  as  Gross  Earnings.     As   the   Annual   Report   was   not   made   for 
some  months  after   the  quarterlies   had  been   filed,   the  adjustment  of  $37.63  found  necessary  in  the  former 
could  not  well  be  made  in  the  latter. 
Excess  of  $170,525  in  "Other  Income" — as  shown  by  the    two   quarterlies   of   March   31    and   June   30,    1908, 

over  the  "Non-Operating  Income"  of  the  Annual. 
This  excess  is  composed  of  the  two  items  mentioned  in  the  foregoing,  i.  e. 

Rental  of  Equipment $61,506.00 

Rent  of  Land  &  Buildings 13,141.67 


$48,364.33 


And  on  item  for  interest  on  a  note  given  by  the  42nd  St.,  Man.  &  St. 
Nich.  Ave.  Ry.  to  the  Third  Ayenue  R.  R.  Company  in  April,  1907 
— which  when  the  quarterlies  were  compiled,  was  revenued  monthly. 
This  interest  was  disallowed  by  the  Court,  and  was  refunded  to  the 
42nd  Street  Road — which  facts  were  known  by  Messrs.  Mar  wick, 
Mitchell  &  Company,  who  in  the  preparation  of  the  Annual  Report 
omitted   the  amount  in   stating  the  Income     $122,160.67 

$170,525.00 

Difference  of  $122,198.30  in  the  Total  Gross  Revenue  as  shown  by  the  sum  of  the  two  quarterlies  of  March 
31  and  June  30,  1908,  and  that  stated  in  the  Annual   Report. 

which  amount  is  composed  of  the  interest  on  the  note  as  above $122,160.67 

And  the  adjustment  to  Rents  mentioned  in    the    foregoing 37.63 

$122,198.30 

which  is  in  reality,  adjustments   found  necessary  to  be  m.ade  to  Profit  and  Loss,   subsequently  to  the  filing 
of  the  quarterlies. 

308 


Difference  between  the  earnings  shown  by  the  Annual  Report  together  with  the  quarterly  of  September  30, 
1908,  and  the  earnings  given  in  evidence  in  the  Transfer  hearings,  as  earnings  from  January  12  to  Sep- 
tember 30,   1908,  $12,276.80.     (Not  $12,277.53  as  per   letter.) 

which  is  the  item  of  Rents,  considered  as    earnings     in    the    statement 

filed,  and  as  "Other  Income"  in  the  Annual    Report    $13,141.67 

And    the    adjustment    as    heretofore 37-63 


$13,179-30 
And  an  item  of  Rental  of  tracks,  included  in  the  quarterly  of  Septem- 
ber 30,  1908,  as  "Income  from  other  sources" — which   in   the   Exhibit 
was   deducted  from  the  Expenses 902.50 

$12,276.80 
The  Receipts  from  Sale  of  Power  for  the  three  quarters 

Outside  Parties  Companies  in  System  Total 

March   31,    1908 $3,143.40                   $i28,744-Oi  $131,887.41 

June    30    39,91 1.40                    177,022.85  2x6,934.25 

September  30    29,039.34                    139,328.70  168,367.84 

The  agreement  for  interchange  of  Power  with  the  New  York  City  Railway  was  not  made  until  after 
June  30,  1908,  consequently  during  the  quarter  ending  March  31,  1908,  the  charge  for  Power  furnished  the 
Companies  in  the  System  had  to  be  estimated  to  cover  the  cost  of  the  same.  For  this  reason  the  $128,744.01 
as  shown  above  was  credited  to  Expenses.  In  the  two  subsequent  quarterlies  the  balance  to  the  credit  of 
Sales  of  Power  has  been  included  in  Gross  Earnings. 

From  October  i,  1908,  the  quarterly  reports  have  been  compiled  with  respect  to  "Sales  of  Power" — 
to  conform  with  our  official  statements:  i.  e.,  the  operation  of  Power  Plant  has  been  credited,  and  Sales  of 
Power  has  been  charged  with  the  cost  of  generating  and  distributing  the  Power  thus  sold,  leaving  the  Ex- 
penses to  represent  the  cost  of  Power  used  in  operating  the  road. 

The  net  result  to  the  credit  of  Sales  of  Power  has  been  properly  classified  as  Income  from  other  sources 
than   operating. 


Frederick  W.  Whitridge,  Esq.,  Receiver,  New  York,  July  2,   1909. 

Third    Avenue   Railroad   Co., 
1 1 19  Third  Avenue, 
New  York  City. 
Dear  Sir: 

Enclosed   please   find   copy   of   letter   addressed   to  Mr.  John  M.  Perry,  Secretary  Third  Avenue  Rail- 
road Co.,  dated  June  28,   1909,  and  copy  of  Mr.   Perry's  letter  in  reply,  dated  July  i,  1909. 
Will  you  kindly  give  this  matter  your  early  attention? 

Very    truly   yours, 

AFW/LER  TRAVIS   H.    WHITNEY, 

Enclosures :  Secretary. 

Copies  of  two  letters. . 

John  M.  Perry,  Esq.,  Secretary,  New  York,  June  28,  1909. 

Third  Avenue  Railroad  Co., 
55  William  Street, 
New  York  City. 
Dear  Sir: 

In  the  report  for  the  Third  Avenue  Railroad  corporation  submitted  by  you  for  the  year  ended  June 
30,  1908,  the  investment  account,  page  38,  is  given  as  of  January  11,  1908.  This  statement  of  investments 
should  cover  the  fiscal  year  ended  June  30,  1908.  If  any  changes  have  occurred  between  the  dates  January 
II,  as  reported,  and  June  30,  1908,  or  any  formerly  unreported  securities  have  been  found  in  the  Third 
Avenue  Railroad  Co.  treasury,  the  same  should  be  reported  as  of  June  30,  1908.  If  no  changes  have 
taken  place,  a  statement  of  that  fact,  properly  verified,  will  be  sufficient. 

Very   truly   yours, 

(Signed)     TRAVIS   H.    WHITNEY, 
AFW/LER  Secretary.        t 

309 


New  York,  July  i,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary    Public    Service    Commission, 
154  Nassau   Street, 
New  York  City. 

Dear  Sir :  

On  my  return  to  the  city  I  find  your  letter  of  June  22nd  accompanying  certain  proposed  reports  which 
were  made  to  the  Commission  by  the  Third  Avenue  road.  As  you  are  aware,  for  the  period  which  these 
reports  cover,  the  road  has  not  been  under  the  actual  control  of  the  nominal  officers  thereof,  but  has  been 
in  the  possession  and  operated  by  Mr.  Whitridge  as  Receiver.  The  information  for  which  the  reports  call 
relates  to  matters  with  which  Mr.  Whitridge  has  had  to  deal  and  regarding  which  the  Company  has 
neither  voice  nor  information.  I  therefore  beg  to  suggest  that  it  would  be,  perhaps,  better  if  you  were  to 
send  this  application  for  a  report  to  Mr.  Whitridge. 

Very  truly  yours, 

(Signed)    JNO.    M.    PERRY, 

Secretary. 


Frederick  W.   Whitridge,   Esq.,   Receiver,  New  York,  July  7th,  1909. 

Third  Avenue  Railroad  System, 
130th   Street   &   Third   Avenue, 
New  York  City. 

Dear  Sir: 

The  rule  of  depreciation  which  was  filed  on  behalf  of  the  Third  Avenue  Railroad  Company  and  its 
subsidiarj'  companies  under  date  of  June  29th,  is  not  in  conformity  with  the  requirements  of  the  account- 
ing order,  inasmuch  as  the  amount  proposed  to  be  charged  to  Operating  Expenses  on  account  of  deprecia- 
tion is  not  stated  for  the  several  operating  companies.  While  it  is  not  expected  that  lessor  companies 
which  keep  on  their  books  no  account  of  operating  earnings  or  expenses  shall  set  up  depreciation  accounts, 
it  is  required  that  every  company  that  keeps  on  its  books  the  operating  accounts  provided  for  such  com- 
panies in  the  accounting  order  shall  include  among  those  the  depreciation  accounts.  It  is  therefore  necessary 
that  the  estimated  depreciation  charge  for  the  Third  Avenue  system  ($300,000  for  the  year)  should  be  appor- 
tioned among  the  several  operating  companies. 

The  Commission  will  not  at  this  time  take  up  the  matter  of  the  adequacy  or  inadequacy  of  this  esti- 
mate, although  it  is  cognizant  of  the  statement  which  you  made  under  oath,  as  an  experienced  adminis- 
trator of  railroad  property,  that  the  proper  allowance  for  depreciation  of  the  Third  Avenue  System  is  ten 
per  cent,  of  the  gross  revenue.  Ten  per  cent,  of  the  gross  revenue  of  the  Third  Avenue  Railroad  System 
is  considerably  in  excess  of  the  $300,000  estimate  now  proposed. 

Very  truly  yours, 

(Signed)     TRAVIS  H.  WHITNEY, 

Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  July  9,  1909. 

Secretary  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  yours  of  the  7th  informing  me  that  the  rule  of  depreciation  filed  by  me  on  June 
29th  is  not  in  accordance  with  the  requirements  of  your  accounting  order,  and  informing  me  that 
it  is  necessary  that  the  allowance  should  be  apportioned  among  the  several  operating  companies. 
I  think  this  is  rather  a  pity.  I  am  trying  to  gradually  get  things  in  shape  for  the  consolidation 
of  these  properties  and  have  begun  by  putting  the  title  of  all  the  new  cars  in  the  Third  Avenue. 
If  the  allowance  for  depreciation  is  to  be  allocated  on  any  theory  whatever,  there  will  quite 
certainly  within  a  few  years  be  an  accumulation  in  the  depreciation  account  of  some  one  of  the 

310 


railroads  where  it  is  not  needed,  and  in  order  to  get  the  money  we  shall  have  to  resume  the 
practice  of  giving  notes  between  the  members  of  the  system,  which  is  now  so  much  to  be 
deprecated. 

I  think  the  Commission  agrees  with  me  in  that  it  is  desirable  quickly  and  if  possible,  to  con- 
solidate the  properties.  One  of  the  features  of  the  plan  now  before  them  is  for  the  taking  up 
of  the  underlying  bonds,  which  would  much  facilitate  that  course.  As  for  the  allowance  for 
depreciation,  that  must,  in  the  nature  of  things,  in  the  first  place  be  arbitrary. 

I  do  not  think  that  the  statement  by  me,  of  which  you  say  you  are  cognizant,  is  quite  to 
the  effect  which  you  quote,  but  what  I  desire  to  do  in  this  matter  is  to  carry  on  such  a  perfect 
system  of  maintenance,  that  the  depreciation  account  will  represent  cash  in  bank  which  can  be 
used,  when  many  people  would  call  for  the  expenditure  of  capital.  I  am  quite  sure  that  on 
reflection  the  Commission  will  agree  that  this  is  a  sound  and  conservative  policy  to  be  pursued, 
and  I  should  hope  they  would  find  it  desirable  to  frame  their  orders  so  that  it  could  be  pursued 
and  would  make  whatever  changes  were  necessary  to  enable  us  to  pursue  it. 

Yours  truly, 

812-814  .  Receiver. 


60  Wall  Street,  New  York. 

May  29,  1909. 
Robert  W.  Kelly,  Esq.,  j  -^     ^^ 

Dear  Sir: 

I  enclose  herewith  copies  of  the  complaints  and  answers  in  the  actions  brought  by  the  Public  Service 
Commission  against  the  Receiver  of  the  Third  Avenue  Company  to  recover  penalties  for  his  failure  to  file 
annual   report  prior   to   December   i,   1908,  and   for  the  construction  of  the  Fort  George  Loop. 

The  Commission  has  also  brought  the  following  actions  for  penalties  for  failure  to  file  annual  re- 
ports— 

Action  against   Mr.  Whitridge  as   Receiver  of  the    Dry   Dock. 

Action  against   Mr.   Whitridge  as  Receiver  of  the  Forty-second   St. 

Action  against   Mr.   Whitridge  as  Receiver  of  the  Union. 

Action  against  the  Kingsbridge  Ry.  Co. 

Action  against  the  Southern  Boulevard  Ry.  Co. 

Action  against  the  Bronx  Traction  Co. 

The  complaint  and  answer  in  each  of  these  actions  is  substantially  identical  with  the  complaint  and 
answer  in  the  action  against  the  Receiver  of  the  Third  Avenue  Company. 

I  think  I  have  one  or  two  letters  from  the  Commission  which  you  will  want  to  print.  I  will  send  you 
copies  on  Tuesday. 

If  you  have  no  copy  of  the  order  of  the  Commission  approving  of  the  Fort  George  loop,  I  will  send 
you  one. 

Yours    Very   Truly, 

H.  J.  BICKFORD. 


3" 


NEW  YORK  SUPREME  COURT, 

COUNTY  OF  NEW  YORK. 


THE  PEOPLE  OF  THE     STATE    OF    NEW    YORK,    by    THE    PUBLIC  \  Trial  Desired  in 

.  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT,  I      New  York  County. 

Plaintiffs,      / 
against  ^  Summons. 

FREDERICK  W.   WHITRIDGE.   as   Receiver  of  The   Third   Avenue   Railroad  1 

Company,  I 

Defendant.      J 

To   the  above-named   Defendant: 

YOU  ARE  HEREBY  SUMMONED  to  answer  the  complaint  in  this  action,  and  to  serve  a  copy  of 
your  answer  on  the  Plaintiff's  Attorney  within  twenty  days  after  the  service  of  this  summons,  exclusive  of 
the  day  of  service,  and  in  case  of  your  failure  to  appear  or  answer.  Judgment  will  be  taken  against  you  by 
default  for  the  relief  demanded  in  the  complaint. 

Dated  December   i6th,   1908, 

GEORGE  S.  COLEMAN, 

Plaintiff's  Atty. 
,  Post  Office  Address  and  Office, 

No.   154  Nassau   Street, 
.  Borough  of  Manhattan, 

{  New  York  City. 


SUPREME  COURT, 

NEW  YORK  COUNTY. 

THE  PEOPLE  OF  THE  STATE  OF  NEW  YORK,  by  THE  PUBLIC  SER- 
VICE COMMISSION  FOR  THE  FIRST  DISTRICT, 

Plaintiffs, 
against  )  Complaint. 

FREDERICK  W.   WHITRIDGE,   as   Receiver   of  The   Third   Avenue   Railroad 

Company, 

Defendant. 

Plaintiffs  in  the  above  entitled  action  by  the  Public  Service  Commission  for  the  First  District,  for  their 
complaint  against  the  above  named  defendant,  Frederick  W.  Whitridge,  as  Receiver  of  the  Third  Avenue 
Railroad  Company,  allege  upon  information  and  belief: 

I. — At  all  times  hereinafter  mentioned  William  R.  Willcox,  William  McCarroll,  Edward  M.  Bassett, 
Milo  R.  Maltbie  and  John  E.  Eustis  were  and  now  are  the  Public  Service  Commission  for  the  First  District, 
including  the  Counties  of  New  York,  Kings,  Queens  and  Richmond  of  the  State  of  New  York,  duly  ap- 
pointed and  qualified  as  Commissioners  and  members  of  said  Commission,  pursuant  to  Chapter  429  of  the 
Laws  of  1907  of  the  State  of  New  York,  known  as  the   Public   Service  Commissions  Law. 

II. — 'At  all  times  in  and  during  the  year  ending  June  30,  1908,  the  Third  Avenue  Railroad  Company 
was  and  ever  since  has  been  and  now  is  a  domestic  corporation  duly  created  and  existing  under  the  laws  of 
the  State  of  New  York,  owning  a  railroad  wholly  within  said  State  and  exclusively  within  the  territory 
embraced  within  the  said  Counties  of  New  York,  Kings,  Queens  and  Richmond  in  said  State,  and  mainly 
upon  and  along  streets,  avenues,  roads,  highways,  bridges  and  public  places  in  the  City  of  New  York,  in  said 
State,  and  not  constituting  or  used  as  part  of  a  trunk  line  railroad  system. 

III. — At  all  times  on  and  after  January  12th,  1908,  until  and  including  June  30,  1908,  the  defendant 
Frederick   W.   Whitridge  was   and   ever  since   has  been    and    now    is    Receiver    of   said   The   Third   Avenue 

312 


Railroad  Company  duly  appointed  by  the  United  States  Circuit  Court,  Southern  District  of  New  York, 
and  qualified  and  acting  as  such  Receiver  and  in  possession  as  such  Receiver  of  said  railroad,  and  all  other 
property  and  effects  of  said  The  Third  Avenue  Railroad  Company,  managing,  controlling  and  operating  the 
said  railroad  for  public  use  in  the  conveyance  of  persons  and  property  for  compensation. 

IV. — At  all  of  the  said  times  in  the  preceding  paragraphs  mentioned  the  said  railroad  was  and  is  a 
street  railroad,  and  the  said  defendant  Frederick  W.  Whitridge,  as  Receiver  of  the  Third  Avenue  Rail- 
road Company  as  aforesaid,  was  and  is  a  street  railroad  corporation  as  street  railroads  and  street  railroad 
corporations  are  respectively  defined  by  the  Public  Service  Commissions  Law  aforesaid,  and  were  and  are 
subject  to  the  jurisdiction  of  the  Public  Service  Commission  for  the  First  District. 

V. — Pursuant  to  the  provisions  of  Section  57  of  Chapter  565  of  the  Laws  of  1890  and  the  acts 
amendatory  thereof,  known  as  the  Railroad  Law  of  the  State  of  New  York,  and  of  Section  46  of  the  Public 
Service  Commissions  Law,  the  defendant  Frederick  W.  Whitridge,  as  Receiver  as  aforesaid,  was  and  is  re- 
quired to  make  an  annual  report  of  the  operations  of  said  railroad  for  the  year  ending  June  30th,  1908, 
and  of  its  condition  on  that  date  in  a  form  prescribed  by  the  said  Public  Service  Commission  for  the 
First  District,  such  report  to  be  filed  with  the  said  Commission  on  or  before  the  30th  day  of  September, 
1908. 

VL — The  Public  Service  Commission  for  the  First  District,  as  aforesaid,  on  the  26th  day  of  June, 
1908,  duly  prescribed  the  form  of  the  annual  report  as  aforesaid  to  be  so  made  and  filed  by  street  railroad 
corporations  and  the  defendant  Frederick  W.  Whitridge,  as  Receiver  as  aforesaid,  of  the  Third  Avenue 
Railroad  Company  and  as  required  by  law  duly  furnished  to  the  defendant,  as  Receiver  as  aforesaid,  the 
blank  form  for  said  report,  and  thereafter  duly  extended  the  time  for  the  making  and  filing  by  said  Fred- 
erick W.   Whitridge,  as  Receiver  as  aforesaid,  of  said  report  until  November  30th,  1908. 

VIL — The  .  defendant  Frederick  W.  Whitridge,  as  Receiver  of  the  Third  Avenue  Railroad  Company, 
as  aforesaid,  did  not  on  or  before  November  30th,  1908,  or  at  any  time  make  or  file  the  said  annual  report 
of  the  operations  of  the  said  railroad  for  the  year  ending  June  30  and  of  its  condition  on  that  date  in  the 
form  so  prescribed  or  otherwise,  and  has  wholly  failed  to  make  or  file  the  same,  and  upon  each  and  every 
day  since  November  30th,  1908,  the  said  defendant  Frederick  W.  Whitridge,  as  Receiver  of  the  Third 
Avenue  Railroad  Company,  has  been  and  is  in  default  with  respect  to  such  report. 

WHEREFORE,  plaintiffs  demand  judgment  against  the  defendant  Frederick  W.  Whitridge,  as  Re- 
ceiver of  the  Third  Avenue  Railroad  Company,  for  the  sum  of  one  hundred  dollars  ($100)  penalty  for  each 
and  every  day  of  such  default  or  in  all  for  the  sum  of  $1,600.00,  besides  costs. 

GEORGE  S.  COLEMAN, 
Counsel  to  the  Public  Service  Commission  for  the  First  District, 

Attorney  for  Plaintiff, 

No.  154  Nassau  Street, 
Manhattan, 

New   York  Citv. 
STATE   OF  NEW   YORK,  | 

COUNTY  OF   NEW   YORK,   P^" 

William  R.  Willcox,  being  duly  sworn,  says  that  he  is  the  Chairman  of  the  Public  Service  Commission 
for  the  First  District  and  one  of  the  members  of  the  said  Commission  and  acquainted  with  the  facts 
herein;  that  the  foregoing  complaint  is  true  to  the  knowledge  of  deponent  except  as  to  the  matters  therein 
stated  to  be  alleged  upon  information  and  belief  and  as  to  those  matters  he  believes  it  to  be  true. 

WILLIAM  R.  WILLCOX. 
Sworn  to  before  me  this  i6th    \ 
day  of  December,  1908.  f 

Oliver  C.  Semple, 
Notary   Public, 

New    York   County. 


313 


SUPREME  COURT, 

NEW  YORK  COUNTY. 


THE  PEOPLE  OF  THE  STATE  OF  NEW  YORK,  by  the   PUBLIC   SER-  \ 

VICE  COMMISSION  FOR  THE  FIRST  DISTRICT,  f 

Plaintiffs,     (         '  *     .       . 

y  \    Answer.   Action  for 

„        _  /        failure  to  file  report. 

FREDERICK  W.   WHITRIDGE,   as   Receiver   of   The   Third   Avenue   Railroad  I 

Company,  I 

Defendant.      / 

Frederick  W.  Whitridge,  the  defendant  named  in  the  complaint  herein  as  Receiver  of  The  Third 
Avenue  Railroad  Company,  by  Evarts,  Choate  &  Sherman,  his  attorneys,  answering  the  complaint  herein, 
alleges  as  follows : 

First :  Upon  information  and  belief,  he  denies  each  and  every  allegation  in  the  paragraph  numbered 
"III"  of  said  complaint  contained. 

Second :  Upon  information  and  belief,  he  denies  so  much  of  the  allegations  in  the  paragraph  numbered 
"IV"  of  said  complaint  contained  as  either  state  or  imply  that  he  was  or  is  the  Receiver  of  The  Third 
Avenue  Railroad  Company,  or  that  he  was  or  is  a  "street  railroad  corporation"  as  that  term  is  defined  by 
the  "Public  Service  Commissions  Law,"  or  that  he  was  and  is  subject  to  the  jurisdiction  of  the  Public 
Service  Commission   for  the  First  District. 

Third :  Upon  information  and  belief,  he  denies  each  and  every  allegation  in  the  paragraph  numbered 
"V"  of  said  complaint  contained. 

Fourth :  Upon  information  and  belief,  he  denies  each  and  every  allegation  in  the  paragraph  numbered 
"VI"  of  said  complaint  contained ;  except  that  he  admits  the  allegation  in  said  paragraph  contained,  that  sub- 
sequent to  the  26th  day  of  June,  1908,  the  Public  Service  Commission  for  the  First  District  duly  extended 
the  time  to  make  and  file  an  annual  report  of  the  operations  of  said  The  Third  Avenue  Railroad  Company  for 
the  year  ending  June  30,  1908,  until  and  including  the  30th  day  of  November,  1908;  and  this  defendant 
further  alleges,  upon  information  and  belief,  that  the  said  Commission  did  not  prescribe  the  form  of  the 
annual  report  required  under  Section  57  of  Chapter  565  of  the  Laws  of  1890  of  the  State  of  New  York,  and 
the  Acts  amendatory  thereof,  known  as  the  "Railroad  Law,"  and  Section  46  of  Chapter  429  of  the  Laws  of 
1907  of  the  State  of  New  York,  known  as  the  "Public  Service  Commissions  Law,"  to  be  made  by  street 
railroad  corporations  for  the  year  ending  June  30,  1908,  until  after  the  said  30th  day  of  June,  1908,  and  did 
not  furnish  to  the  said  The  Third  Avenue  Railroad  Company,  or  to  this  defendant  a  blank  form  for  such 
annual  report  for  the  year  ending  June  30,  1908,  until  subsequent  to  the  said  30th  day  of  June,  1908;  and 
that  the  said  Commission  made  changes  in  and  additions  to  the  form  of  annual  report  for  the  year  ending 
June  30,  1908,  which  required  alterations  in  the  method  and  form  of  keeping  the  accounts,  records  and 
memoranda  of  said  corporation,  The  Third  Avenue  Railroad  Company,  and  of  this  defendant,  and  that  said 
Commission  did  not  give  to  said  corporation  or  to  this  defendant  six  months'  notice,  or  any  notice  what- 
ever, of  any  such  changes  or  additions;  and  that  the  contents  of  the  said  report  prescribed  by  said  Com- 
mission for  the  year  ending  June  30,  1908,  and  the  form  thereof,  did  not  conform  as  near  as  might  be  to 
that  required  of  common  carriers  under  the  provisions  of  the  Act  of  Congress,  entitled  "An  Act  to  Regulate 
Commerce,"  approved  February  fourth,  eighteen  hundred  and  eighty-seven,  and  the  Act  amendatory  thereof, 
approved  June  twenty-ninth,  nineteen  hundred  and  six,  and  other  amendments  thereto. 

Fifth :  This  defendant  denies  each  and  every  allegation  in  paragraph  numbered  "VII"  of  said  com- 
plaint contained,  except  that  he  admits  that  he  did  not,  on  or  before  November  30th,  1908,  make  or  file  any 
annual  report  for  the  year  ending  June  30,  1908. 

WHEREFORE,    this    defendant    demands    judgment  that  the  complaint  herein  be  dismissed  with  costs. 

EVARTS,  CHOATE  &  SHERMAN, 

Attorneys    for    the    defendant,    Fred- 
erick W.   Whitridge,   sued  herein 
as  Receiver  of  The  Third  Avenue 
Railroad  Company, 
Office  and  Post  Office  Address, 
60  Wall  Street, 

New   York  City. 
314 


STATE  OF  NEW  YORK,)   . 
COUNTY  OF  NEW  YORK.f  " 

FREDERICK  W.  WHITRIDGE,  being  duly  sworn,  deposes  and  says:  I  am  the  defendant  in 
the  foregoing  answer  named.  I  have  read  the  said  answer  and  know  the  contents  thereof,  and  the  same 
is  true  to  my  own  knowledge,  except  as  to  the  matters  therein  stated  to  be  alleged  on  information  and  belief, 
and,  as  to  those  matters,  I  believe  it  to  be  true. 

F.  W.  WHITRIDGE. 
Sworn  to  before  me  this  13th  } 
day  of  May,  1909.  j 

Charles    Engel, 
Notary   Public, 

Kings   County. 


NEW  YORK  SUPREME  COURT, 

COUNTY  OF  NEW  YORK, 

THE  PEOPLE  OF  THE  STATE   OF   NEW   YORK,  by  the   PUBLIC   SER-  1  Trial  Desired  in 

VICE  COMMISSION  FOR  THE  FIRST  DISTRICT,                        /  New  York  County. 

Plaintiffs, 

against                                                                       \  Summons. 

FREDERICK   W.   WHITRIDGE.   as   Receiver   of   The   Third   Avenue   Railroad 

Company, 

Defendant. 

TO  THE  ABOVE-NAMED  DEFENDANT: 

YOU   ARE   HEREBY    SUMMONED   to   answer  the   complaint   in   this   action,   and   to   serve  a   copy 
of  your  answer  on  the   Plaintiff's  Attorney  within  twenty  days  after  the  service  of  this  summons,  exclusive 
of  the   day  of  service,  and  in   case  of  your   failure  to   appear  or   answer,  Judgment   will   be   taken   against 
you    by    default    for   the   relief   demanded    in    the   complaint. 
Dated,  April  8,   1909. 

GEORGE  S.  COLEMAN, 

Pltf's  Atty. 
Post  Office  Address  and  Office, 

154   Nassaii   Street,   Manhattan, 

New  York  City. 


SUPREME  COURT, 

NEW  YORK  COUNTY. 

THE   PEOPLE   OF  THE   STATE   OF  NEW   YORK,  by  the   PUBLIC   SER-  \   romplaint 
VICE  COMMISSION  FOR  THE  FIRST  DISTRICT.  / 

Plaintiffs.     ' 
against  •  \    Fort  George  Loop. 

FREDERICK   W.   WHITRIDGE.   as   Receiver   of   The   Third    Avenue   Railroad  I 

Company,  j 

Defendant.      / 

Plaintiffs  in  the  above  entitled  action  by  the  Public  Service  Commission  for  the  First  District  for  their 
complaint  against  the  above  named  defendant,  Frederick  W.  Whitridge,  as  Receiver  of  the  Third  Avenue 
Railroad    Company,    allege    upon    information    and    belief: 

I. — At  all  the  times  herein  mentioned,  on  and  after  July  ist,  1907,  William  R.  Willcox,  William 
McCarroll,   Edward    M.    Bassett,    Milo   R.    Maltbie   and  John  E.  Eustis  were  and  now  are  the  Public  Service 

3x5 


Commission  for  the  First  District,  including  the  Counties  of  New  York,  Kings,  Queens  and  Richmond,  of 
the  State  of  New  York,  duly  appointed  and  qualified  as  commissioners  and  members  of  said  Commission 
pursuant  to  Chapter  429  of  the  Laws  of  1907,  of  the  State  of  New  York,  known  as  the  Public  Service 
Commissions  Law. 

IL — At  all  the  times  herein  mentioned  The  Third  Avenue  Railroad  Company  was  and  now  is  a 
domestic  corporation  duly  created  and  existing  under  the  Laws  of  the  State  of  New  York,  owning  a  railroad 
wholly  within  said  State  and  exclusively  within  the  territory  embraced  within  the  said  Counties  of  New 
York,  Kings,  Queens  and  Richmond,  in  said  State,  and  mainly  upon  and  along  streets,  avenues,  roads, 
highways,  bridges  and  public  places  in  the  City  of  New  York,  in  said  State,  and  not  constituting  or  used 
as  part  of  a  trunk  line  railroad  system. 

in. — At  all  the  times  herein  mentioned  after  January  12,  1908,  the  defendant,  Frederick  W.  Whitridge, 
was  and  now  is  Receiver  of  said  The  Third  Avenue  Railroad  Companj-,  duly  appointed  by  the  United 
States  Circuit  Court,  Southern  District  of  New  York,  and  qualified  and  acting  as  such  Receiver,  and  in 
possession  as  such  Receiver  of  said  railroad  and  all  other  property  and  eflFects  of  said  The  Third  Avenue 
Railroad  Company,  managing,  controlling  and  operating  the  said  railroad  for  public  use  in  the  conveyance 
of  persons  and  property  for  compensation. 

IV. — At  all  of  said  times  in  the  preceding  paragraphs  mentioned  the  said  railroad  was  and  is  a 
street  railroad  and  the  said  defendant,  Frederick  W.  Whitridge.  as  Receiver  of  The  Third  Avenue  Railroad 
Company,  as  aforesaid,  was  and  is  a  street  railroad  corporation  as  street  railroads  and  street  railroad 
corporations  are  respectively  defined  by  the  Public  Service  Commissions  Law  aforesaid,  and  were  and  are 
subject  to  the  jurisdiction  of  the   Public  Service  Commission   for  the   First   District. 

V. — The  Public  Service  Commission  for  the  First  District  under  said  Public  Service  Commissions 
Law  at  all  of  said  times  has  and  now  has  general  supervisions  of  all  common  carriers,  railroads,  street 
railroads,  railroad  corporations  and  street  railroad  corporations  within  its  jurisdiction,  with  power  to 
examine  the  same  and  keep  informed  as  to  their  general  condition,  their  capitalization,  their  franchises  and 
the  manner  in  which  their  lines,  owned,  leased,  controlled  or  operated  are  managed,  conducted  and  operated, 
not  only  with  respect  to  the  adequacy,  security  and  accomodation  aflForded  by  their  service,  but  also  in  respect 
to  their  compliance  with  all  the  provisions  of  law,  orders  of  the  Commission  and  charter  requirements,  and 
with  power  to  grant  permission  and  approval  for  the  construction  and  operation  of  an  extension  of  a 
street  railroad  within  said  district  and  for  the  exercise  therein  by  said  corporation  of  any  franchise  or 
right  under  any  provision  of  the  Railroad  Law  or  of  any  other  law  not  heretofore  lawfully  exercised, 
whenever  said  Commission  shall,  after  due  hearing,  determine  that  such  construction  or  such  exercise  of 
the    franchise   or   privilege    is    necessary   or   convenient  for  the  public  service. 

VL — That  heretofore,  subsequent  to  the  first  day  of  January,  1909,  and  prior  to  the  4th  day  of  March, 
1909,  the  defendant,  Frederick  W.  Whitridge,  as  Receiver  of  said  The  Third  Avenue  Railroad  Company, 
began  the  construction  of  an  extension  of  the  line  of  said  company's  street  railroad  in  the  County  of 
New  York,  in   said  district,  over  the  following  route : 

"Beginning  and  connecting  with  the  existing  double  track  street  surface  railway  on  Amsterdam  Avenue 
at  or  near  the  intersection  of  said  avenue  with  Fort  George  Avenue ;  thence  northerly,  westerly  and  south- 
erly, in  upon  and  along  said  Fort  George  Avenue  as  it  winds  and  turns  to  its  intersection  with  Audubon 
Avenue  with  a  loop  terminal  at  said  intersection  to  be  constructed  within  the  present  roadway  of  said 
Fort  George  Avenue." 

VIL — That  after  beginning  such  construction  said  Frederick  W.  Whitridge,  as  Receiver  of  said  The 
Third  Avenue  Railroad  Company,  continued  to  construct  in  said  district  such  extension  of  the  line  of 
street  railroad  of  said  The  Third  Avenue  Railroad  Company  upon  each  and  every  day  to  and  including  the 
19th   day   of   March,    1909,    Sundays   and   holidays    excepted. 

VIIL^That  on  or  about  the  4th  day  of  March,  1909,  a  franchise  was  granted  to  said  corporation  by  the 
City  of  New  York  to  construct,  maintain  and  operate  an  extension  of  said  railroad  over  the  route  in 
question  pursuant  to  the  terms  of  a  contract  entered  into  on  that  date  between  the  City  of  New  York 
and  The  Third  Avenue  Railroad  Company  by  Frederick  W.  Whitridge,  Receiver. 

IX.— That  between  said  4th  day  of  March,  1909,  and  the  19th  day  of  March,  1909,  both  inclusive, 
and  on  each  and  every  day  during  said  period,  Sundays  excepted,  said  defendant  continued  the  construction 
of  said  extension  in  said  County  of  New  York,  in  said  district,  and  exercised  therein  the  franchise  to 
construct  the  same  granted  as  aforesaid  by  the  City  of  New  York. 

X. — That  prior  to  July  i,  1907,  no  certificate  of  public  convenience  and  necessity  for  such  extension 
had  been  granted  by  the  Board  of  Railroad  Commissioners  of  the  State  of  New  York,  nor  had  said  The 

316 


Third  Avenue  Railroad  Company  prior  to  said  time  become  entitled  by  virtue  of  its  compliance  with  the 
provisions  of  the  Railroad  Law  to  begin  such  construction ;  nor  had  said  corporation  prior  to  said  date 
lawfully  exercised  any  franchise  or  right  upon  the  said  route  of  said  extension  under  any  provision  of  the 
Railroad  Law,  or  of  any  other  law. 

XL — That  the  defendant  did  not  obtain  the  permission  or  approval  of  the  said  Public  Service  Com- 
mission for  the  First  District  prior  to  the  beginning  on  said  date  of  such  construction  of  said  extension 
of  said  street  railroad  to  the  construction  of  the  same  in  said  district,  and  that  the  defendant  did  not  obtain 
the  permission  or  approval  of  the  said  Public  Service  Commission  for  the  First  District  to  the  exercise 
of  said  franchise  for  the  said  extension  of  said  street  railroad  in  such  district  prior  to  continuing  on  the 
dates  aforesaid  such  construction  in  said  district  of  said  extension  of  said  street  railroad.  That  said  defend- 
ant began  and  continued  the  construction  of  said  extension  as  aforesaid  in  said  County  of  New  York,  in 
said  district,  on  the  day  aforesaid,  and  exercised  the  said  franchise  therein  by  continuing  said  construction 
as  aforesaid  on  the  dates  aforesaid  without  first  having  obtained  the  permission  or  approval  of  the  Public 
Service  Commission  for  the  First  District,  as  required  by  Section  53  of  the  Public  Service  Commissions 
Law,  to  the  beginning  of  such  construction  or  to  such  or  any  exercise  of  such  franchise  and  in  direct 
violation   of  the  provisions   of   that   section. 

WHEREFORE,  plaintiffs  demand  judgment  against  the  defendant,  Frederick  W.  Whitridge,  as  Receiver 
of  The  Third  Avenue  Railroad  Company,  for  the  sum  of  Five  Thousand  Dollars  ($5,000)  penalty  for 
beginning  such  construction  in  violation  of  said  law  as  aforesaid  and  for  the  sum  of  Five  Thousand  Dollars 
($5,000)  penalty  for  each  and  every  day  during  which  such  construction  has  continued  and  such  franchise 
has  been  exercised  between  March  4,  1909,  and  March  19,  1909,  both  included,  in  violation  of  said  law  as 
aforesaid,    or   in   all   for   the   sum   of    Seventy-five   thousand   Dollars    ($75,000)    besides   costs. 

Dated,  New  York,  March  31,  1909. 

GEORGE  S.  COLEMAN, 
Counsel    to    Public    Service    Commission 
for  the  First  District. 

Attorney  for  Plaintiffs, 
154  Nassau  Street, 

Manhattan, 
New  York  City. 

STATE  OF  NEW  YORK,  . 


:}' 


COUNTY  OF  NEW  YORK, 

WILLIAM  R.  WILLCOX,  being  duly  sworn,  says  that  he  is  the  Chairman  of  the  Public  Service 
Commission  for  the  First  District  and  one  of  the  members  of  said  Commission,  and  acquainted  with  the 
facts  herein;  that  the  foregoing  complaint  is  true  to  the  knowledge  of  deponent,  except  as  to  the  matters 
therein  stated  to  be  alleged  upon  information  and  belief,  and  as  to  those  matters  he  believes  it  to  be  true. 

WILLIAM  R.  WILLCOX. 
Sworn  to  before  me  this  5th  ) 
day  of  April,  1909.  I 

Oliver  C.  Semple, 
Notary  Public, 
New    York    County,    New    York, 
County  Clerk's  No.  84, 
Register's  No.  1057. 

SUPREME  COURT, 

NEW  YORK  COUNTY. 

THE  PEOPLE  OF  THE  STATE  OF  NEW  YORK,  by  the  PUBLIC   SER-  |  Answer. 
VICE  COMMISSION  FOR  THE  FIRST  DISTRICT, 

Plaintiflf, 
against  \   Fort  Geo.  Loop 

FREDERICK  W.   WHITRIDGE,   as   Receiver   of  The   Third   Avenue  Railroad 

Company, 

Defendant. 

Frederick  W.  Whitridge,  the  defendant  named  in  the  complaint  herein,  as  Receiver  of  The  Third  Avenue 
Railroad  Company,  by  Evarts,  Choate  &  Sherman,  his  attorneys,  answering  the  complaint  in  this  action, 
alleges  as  follows : 

317 


First. — Upon  information  and  belief,  he  denies  each  and  every  allegation  in  the  paragraph  numbered 
"III"  of  said  complaint  contained ;  and  so  much  of  the  allegations  in  the  paragraphs  numbered  "IV,"  "VI," 
"VII,"  "IX"  or  "XI,"  as  either  state  or  imply  that  he  was  or  is  the  Receiver  of  The  Third  Avenue 
Railroad  Company,  or  as  state  or  imply  that  he  was  or  is  a  "street  railroad  corporation"  as  that  term 
is  defined  by  the  "Public  Service  Commissions  Law,"  or  as  state  or  imply  that  he  did  any  act  whatever  as 
such   alleged   Receiver  of   The  Third   Avenue   Railroad  Company. 

Second. — This  defendant  further  answering  the  allegations  contained  in  the  paragraph  numbered  "XI" 
of  said  complaint  denies  upon  information  and  belief,  that  the  construction  of  said  extension  of  said  railway 
was  in  violation  of  Section  53  of  the  said  Public  Service  Commissions  Law,  or  of  any  other  law,  and  he 
alleges,  upon  information  and  belief,  that  prior  to  the  beginning  of  the  construction  of  said  extension  the 
said  The  Third  Avenue  Railroad  Company  procured  all  permits,  permissions  and  authority  required  by 
law  to  enable  said  railway  to  begin  such  construction. 

Third. — This  defendant  further  alleges  that  the  speedy  construction  of  the  extension  in  said  complaint 
mentioned  was  a  matter  of  great  importance  to  the  public  and  The  City  of  New  York;  that  on  December 
II,  1908,  a  proposed  form  of  contract  for  the  grant  of  the  franchise  or  right  to  construct,  maintain  and 
operate  the  said  extension  embodying  all  of  the  terms  and  conditions  thereof,  was  submitted  to  the  Board 
of  Estimate  and  Apportionment  of  The  City  of  New  York,  and  was  tentatively  agreed  upon  and  approved 
by  said  Board  and  by  said  Railroad  Company;  that  on  the  said  nth  day  of  December,  1908,  the  said  Board 
of  Estimate  and  Apportionment,  being  thereunto  duly  authorized  by  law,  duly  determined  that  it  was  in 
the  interests  of  the  traveling  public  that  the  construction  of  said  extension  should  be  completed  at  as  early 
a  date  as  possible,  and  authorized  and  requested  the  President  of  the  Borough  of  Manhattan  to  issue  a 
temporary  permit  to  the  said  Railroad  Company  to  open  the  portion  of  the  streets  included  in  the  route 
of  said  extension  and  to  construct  said  extension;  that  thereafter  the  President  of  said  Borough,  being  there- 
unto duly  authorized  by  law,  duly  granted  to  said  Railroad  Company  such  temporary  permit ;  that  on  or  about 
December  26,  1908,  the  Department  of  Water  Supply,  Gas  and  Electricity  of  The  City  of  New  York,  being 
thereunto  duly  authorized  by  law,  duly  granted  to  said  Railroad  Company  a  permit  to  take  up  the  pavements 
of  said  streets  and  lay  the  necessary  electrical  conductors  for  the  operation  of  said  extension  of  said 
railway,  which  last  mentioned  permit  was  duly  approved  by  the  President  of  the  Borough  of  Manhattan 
on  January  5,  1909;  that  on  or  about  December  26,  1908,  this  defendant  as  Receiver  of  the  property  of 
The  Third  Avenue  Railroad  Company  mortgaged  and  pledged  under  its  First  Consolidated  Mortgage  dated 
May  15,  1900,  submitted  to  said  Public  Service  Commission  for  the  First  District  a  copy  of  the  said  proposed 
form  of  contract  for  the  grant  of  such  franchise,  and  requested  said  Commission  to  consent  to  the  immediate 
beginning  of  the  construction  of  said  extension  under  said  temporary  permits ;  that  on  January  6,  1909,  the 
said  Commission  informed  this  defendant  as  such  Receiver  that  it  deemed  it  inadvisable  to  consider  an 
application  for  a  certificate  under  Section  53  of  said  Public  Service  Commissions  Law  until  a  franchise 
for  said  extension  had  been  granted  by  The  City  of  New  York,  but  making  no  reply  to  said  request  or  consent 
to  begin  the  construction  of  said  extension  under  said  temporary  permits ;  that  on  January  7,  1909,  this 
defendant  as  such  Receiver  informed  said  Commission  that  unless  he  received  further  definite  advice  from 
said  Commission  he  would  act  upon  his  own  judgment;  that  having  received  no  further  communication 
from  said  Commission  in  respect  of  the  matter  aforesaid  he  inferred  that  said  Commission  had  no  objection 
and  consented  to  the  immediate  beginning  of  the  said  construction  under  said  temporary  permits;  that, 
notwithstanding  the  utmost  efforts,  the  contract  embodying  said  franchise  for  said  extension  was  not 
executed  by  The  City  of  New  York  until  March  4,  1909;  that,  immediately  upon  the  grant  of  said  franchise, 
and  on  March  5,  1909,  The  Third  Avenue  Railroad  Company  presented  its  formal  application  to  the  said 
Public  Service  Commission,  praying  that  the  said  Commission  should  "determine  that  the  construction  and 
the  exercise  of  the  franchise  to  operate"  the  said  extension  is  "necessary  or  convenient  for  the  public 
service,  and  that  the  Commission  give  its  permission  and  approval  thereto ;"  that,  thereafter,  and  on  or 
about  March  20,  1909,  and  while  said  application  was  pending  before  said  Commission,  the  said  Commission 
notified  this  defendant  as  such  Receiver  that  it  would  not  proceed  upon  said  application  until  it  received 
assurances  from  said  Railroad  Company  or  this  defendant  as  Receiver,  that  all  work  on  said  extension 
had  been  stopped  and  would  not  be  proceeded  with  until  said  application  had  been  approved  by  said  Com- 
mission ;  that  on  March  20,  1909,  this  defendant  as  such  Receiver  gave  to  said  Commission  such  assurances 
and  said  work  on  said  extension  was  stopped  on  that  day,  and  no  further  work  thereon  was  done  until 
the  29th  day  of  March,  1909;  that  on  or  about  the  26th  day  of  March,  1909,  the  said  Public  Service  Com- 
mission duly  made  and  entered  an  order  whereby  it  determined  that  the  construction  and  operation  of 
said  extension  was  necessary  and  convenient  for  the  public  service  and  granted  its  permission  to,  and 
approval    of,    the    construction    and    operation    by    said    Railroad    Company    of   the    said    extension,    a    copy 

318 


of  which  order  is  hereto  annexed  and  marked  "Schedule  A'"  and  made  a  part  hereof;  that  said  order  was 
thereafter,  and  on  or  about  the  Qth  day  of  April,  1909,  amended  by  the  elimination  of  the  last  clause  thereof. 

WHEREFORE,    the    defendant    demands    judgment   that   the   said   complaint  be   dismissed   with   costs. 

EVARTS,  CHOATE  &  SHERMAN, 
Attorneys  for  the  Defendant  Frederick 
W.  Whitridge,  sued  herein  as  Receiver 
of   The   Third   Avenue   Railroad   Com- 
V  pany. 

Office  &  P.  O.  Address, 

60  Wall  Street, 

New  York  City. 


J 


STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK 

■  FREDERICK  W.  WHITRIDGE,  being  duly  sworn,  deposes  and  says :  I  am  the  defendant  in  the  fore- 
going answer  named.  I  have  read  the  said  answer  and  know  the  contents  thereof,  and  the  same  is  true 
to  my  own  knowledge,  except  as  to  the  matters  therein  stated  to  be  alleged  on  information  and  belief,  and 
as  to  those  matters  I  believe  it  to  be  true.  F.  W.   WHITRIDGE. 

Sworn  to  before  me  this  22nd   j 
day  of  May,  1909.  ) 

JAS.  S.  WILLIAMS, 
[L.  S.]  Notary  Public. 


New  York,  July  10,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  City. 

Dear  Sir: 

I  have  yours  of  the  9th  instant  in  respect  to  the  service  on  the  Kingsbridge  Road,  for  which 
I  am  much  obliged  to  you.  I  am  anxious  to  give  every  possible  service  for  the  accommoda- 
tion of  the  public  which  is  reasonable. 

Yours  truly, 

Receiver. 

New  York,   Tulv  9.   IQ09. 
FREDERICK  W.  WHITRIDGE,  Esq., 

Receiver,  Third  Avenue  Railroad  Co., 
130th  Street  and  Third  Avenue, 

New  York  City. 
Dear  Sir: 

Referring  to  the  complaint  of  the  Liberal  Republican  Club  of  lack  of  service  on  the  Kingsbridge  Road 
above  162nd  Street  between  the  hours  of  i  :oo  and  5  :oo  A.  M.,  and  to  your  letter  of  June  25th  bearing 
upon  the  subject,  I  beg  to  say  that  it  is  considered  that  the  showing  made  does  not  warrant  at  the  present 
time  the  service  requested.  Unless  further  complaint  or  evidence  is  submitted  to  the  Commission,  the 
matter   will   be   allowed    to   rest. 

Yours  very  truly, 

TRAVIS  H.  WHITNEV, 
GFD/CWT  Secretary. 

C-3440 

319 


PREFACE  TO  VOLUME  III. 

This  third  volume  of  correspondence  with  the  PubHc  Service  Commission,  like  the  pre- 
ceding volumes,  requires  little  comment. 

The  -flood  of  communications  from  the  Commission  has  somewhat  abated,  and  it  has  a 
new  transportation  engineer  who  is  a  man  of  sense  and  some  experience,  but,  generally  speak- 
ing, time,  experience  and  even  the  breath  of  adversity  which  touches  us  all,  have  passed  over 
the  Commission  and  left  it  unchanged  and  scathless.  Its  work  in  regulating  me  is  here  recorded, 
but  I  am  informed  (I  hope  correctly)  that  in  other  directions  it  has  done  marvellous  things, 
and  that  having  secured  from  the  Long  Island  Railway  Company  copies  of  its  schedules  for 
the  last  five  years — amounting  to  some  tons  of  printed  matter — it  has  been  able,  after  a  study 
of  those  data,  to  find  a  method  by  which  all  the  trains  on  the  Long  Island  Railway  will,  here- 
after, be  on  time! 

I  had  intended  to  print  in  this  volume  the  report  of  the  speech  of  the  Chairman  of  the  Com- 
mission made  on  May  25th.  That  report  contains,  however,  such  gross  misstatements  of  fact 
and  is  in  such  shocking  taste,  that  the  Chairman  probably  is,  and  his  colleagues  much  more 
probably  are,  by  this  time,  ashamed  of  it.  "Keep  your  temper"  and  "Tell  the  truth"  are  sound 
rules  of  controversy,  and  it  is  also  true,  and  the  Chairman  ought  to  be  able  to  find  comfort  in 
the  thought  of  it,  that  honest  laughter  is  incompatible  with  malice  and  far  removed  from  spite. 

I  assume  that  some  plan  for  the  reorganization  of  the  Third  Avenue  Railroad  Company 
will  shortly  be  approved  by  the  Commission  or  otherwise  be  carried  into  effect,  and  this  re- 
ceivership will  end.  This,  therefore,  will  probably  be  the  last  volume  I  shall  have  occcasion 
to  publish,  and  I  hope  that  students  of  State  regulation  may,  hereafter,  find  this  record  of  what 
the  Commission  has  actually  accomplished  in  one  branch  of  its  business,  and  of  the  manner 
in  which  the  Commissioners  went  about  that  business,  of  interest  and  possibly  of  value. 

From  it  all,  I  think  it  appears  that,  while  the  Public  Service  Commission  in  the  First 
District  might  have  been  useful  and  even  valuable,  it  is  almost  incredible  that  it  should  in  this 
instance  have  caused  the  needless  expenditure  of  so  much  time  and  money  to  so  little  purpose. 

F.  W.  WHITRIDGE. 


321 


Frederick  W.   Whitridge,   Esq.,  July   gth,    1909. 

Receiver  of   the   Third   Avenue   Railroad   Co., 
130th  Street  &  Third  Avenue, 
New  York  City, 
N.   Y. 
Dear  Sir: 

Will  you  kindly  file  for  use  of  this  Commission  copies  of  contracts  between  the  Third  Avenue  Rail- 
road Co.,  the  Forty-second  Street,  Manhattanville  &  St.  Nicholas  Avenue  Railway  Co.  and  the  Dry  Dock, 
East  Broadway  &   Battery  Railroad   Co.,   covering  the  interchange  of  equipment  between   these   systems. 

Yours   very  truly, 
RCH/LMB  TRAVIS    H.   WHITNEY, 

Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  July  10,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  9th  instant.     If  there  are    any   contracts   between   the    Third   Avenue, 

42nd  Street  and  Dry  Dock  Railroads  covering  the  interchange  of  equipment,  they  are  on  file  in 

your  office.     I  personally  have  never  seen  or  heard  of  any  such  contracts.     The  equipment  is 

rented  on  executive  order. 

Yours  truly, 

Receiver. 

Frederick  W.   Whitridge,   Esq.,  July  nth,  1909. 

Receiver  of  Third  Avenue  Railroad  Co.,. 
130th  Street  &  Third  Avenue, 
New  York  City, 
N.   Y. 
Dear  Sir: 

I  am  in  receipt  of  your  letter  of  July  loth  informing  us  that  the  equipment  is  rented  by  the  Forty- 
second  Street,  Manhattanville  &  St.  Nicholas  Avenue  Railway  Co.  and  by  the  Dry  Dock,  East  Broadway 
&  Battery  Railroad  Co.  from  the  Third  Avenue  Railroad  Co.  on  executive  order,  and  that  personally  you 
have  never  seen  or  heard  of  any  contracts  covering  the  interchange  of  equipment.  Will  you  be  good  enough 
to  inform  the  Commission  what  is  the  understanding  as  to  terms  of  rental  upon  such  cars  and  equipment 
as  may  be  from  time  to  time  used  by  the  Forty-second  Street  and  Dry  Dock  roads  under  the  orders  re- 
ferred to.  Yours   very  truly, 

TRAVIS   H.    WHITNEY, 
RCH/LMB  Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  July  13th,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  yours  of  the  nth  instant.  .  In  reply  thereto  I  have  to  say  that  the  42nd  Street 
Railway  pays  $2  a  day  for  cars  furnished  to  it,  and  the  number  of  cars  furnished  varies  from 
day  to  day  according  to  the  exigencies  of  business. 

Yours  truly, 

Receiver. 

322 


Frederick   W.   Whitridge,   Esq.,  New  York,  July  14,   1909. 

Receiver, 

Third   Avenue  RR.   Co., 

130th  Street  &  Third  Ave., 
New  York  City. 
Dear  Sir:— 

I  beg  to  acknowledge  receipt  of  your  favor  of  the  13th  inst.  stating  that  the  Forty-second  Street  Rail- 
way Company  pays  two  dollars  a  day  for  cars  furnished  to  it. 

Yours   very  truly, 
DFW/DMQ  TRAVIS   H.   WHITNEY, 

Secretary. 


F.   W.   Whitridge,   Esq.,   Receiver,  July  12,  1909. 

Third  Avenue  Railroad  Company, 

130th  Street  and  Third  Avenue,  New  York  City. 
Dear   Sir : 

With  reference  to  the  depreciation  accounts  mentioned  in  your  letter  of  the  9th,*  I  beg  to  say  that 
any  proposition  to  consolidate  the  properties  of  the  Third  Avenue  system  will  receive  the  consideration  of 
the  Commission,  which  must  insist  however  that,  so  long  as  the  properties  are,  as  a  matter  of  law,  operated 
independently,  their  accounts  shall  be  put  upon  a  proper  basis;  that  all  agreements  between  the  companies 
shall  be  reduced  to  writing  and  filed  with  the  Commission,  in  accordance  with  its  filing  orders,  which  are  of 
general  annlication,  and  that  the  accounts  of  every  company  which  holds  and  maintains  road  or  equipment 
shall  include  capital  consumed  as  a  necessary  part  of  the  cost  of  operation.  Without  a  depreciation  charge 
no  statement  of  expense  is  complete  nor  can  a  true  statement  of  profits  be  deduced. 

The  Commission's  accounting  order  is  sufficiently  elastic  to  provide  for  different  situations  and  if  the 
estimate  of  depreciation  does  not  prove  satisfactory,  it  can  be  changed  upon  filing  due  notice.  But  unless 
such  notice  is  filed,  the  Commission  cannot  keep  informed  as  to  the  true  situation  of  each  of  the  com- 
panies that   is,   nominally  at   least,   autonomous. 

TRAVIS   H.   WHITNEY, 
AFW/ARB  Secretary. 

♦See  Vol.  2,  page  808. 

Travis  H.  Whitney,  Esq.,  New  York,  July  13,   1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  yours  of  the  12th  in  respect  to  the  depreciation  accounts  and  some  other  matters. 
I  have  no  objection  to  doing  anything  you  suggest  which  involves  no  great  expense,  but  I 
point  out  to  you  that  there  is  a  certain  danger  in  rules  promulgated  ex  cathedra  or  otherwise 
than  as  the  fruit  of  experience. 

Yours  truly. 

Receiver. 

Fred'k  W.  Whitridge,  Receiver,  New    York,   July    17th,    1909. 

Third   Ave.   R.    R.    System, 
New   York  City. 
Dear   Sir: 

Will  you  kindly  request  the  Receivers  of  the  Metropolitan  St.  Ry.  Co.  to  furnish  at  their  very  earliest 
convenience,  copies  of  the  following  drawings  and  information  relating  to  Third  Ave.  construction;  we 
have  reason  to  believe  that  the  majority  of  this  data  is  in  their  files,  and,  under  an  agreement,  which  we 
understand  has   been   made  between   the   Receivers   of  the  two  Systems,  will  be  furnished  you  on  application, 

323 


The  data  requested  below  is  most  urgently  needed   in   connection   with   our   appraisal   work,   and,  we 
understand,  will  be  of  great  value  to  your  own  engineering  department  to  supplement  your  records. 

1st:  Engineering  plans  showing  details  of  construction  (and  excavation  necessary)  for  the  various 
types  of  roadbed,  preferably  in  the  form  of  an  X-section.  This  will  apply  to  the  3rd  Ave. 
R.  R.  42nd  St.,  Manhattanville  &  St.  Nicholas  Ave.  Ry.,  the  Dry  Dock,  East  Broadway  & 
Battery,  the  Kingsbridge  and  the  Union  Railway    Systems   of   the   Bronx. 

2nd:  Map  or  statement  showing  the  limits  of  each  type  of  construction  as  above  noted.  These 
limits  to  be  preferably  located  with  reference  to  some  fixed  point  at  intersecting  streets.  This 
data  to  cover  not  only  tracks  in  street,  but  also  in  car  houses,  yards,  on  bridges  and  abutments. 

3rd:  Drawings  of  special  work  now  in  place  at  the  locations  shown  on  the  enclosed  list,  entitled 
"List  of  Special  Work  for  which  Drawings  are  Required,  3rd  Ave.  R.  R.  System." 

Note:  All  drawings  and  plans,  preferably  to  contain    latest    available    information. 

4th:    Cost    Data — Removing    Obstructions,    Dry  Dock,  42nd   St.,  &  3rd  Ave.   Railways. 

Very  truly  yours, 

JRB/TG  J.  E.  EUSTIS, 

Commissioner  and  Acting  Chairman. 


John  E.  Eustis,  Esq.,  Acting  Chairman,  July  21st,  1909. 

Public  Service  Commission, 

154  Nassau  Street,  N.  Y.  City. 
Dear  Sir: 

I  have  yours  of  the  17th  inst.  in  which  you  request  me  to  furnish  you  with  certain  data 
which  you  say  is  most  urgently  needed  in  connection  with  your  "Appraisal  Work." 

In  reply  thereto  I  have  to  say  that  in  view  of  my  correspondence  with  your  Commission 
on  the  subject  of  appraisals  and  of  the  apparent  unwillingness  of  the  Commission  to  define  its 
position  in  respect  thereto,  I  have  come  to  the  conclusion  after  the  examination  of  the  statutes 
that  your  "Appraisal  Work"  is  one  that  you  have  no  business  to  undertake  at  the  public  expense. 
It  is  extra  legal,  if  not  illegal,  and  may  prove  very  mischievous.  I  shall  therefore  be  unable  to 
furnish  you  with  any  information  whatever  for  use  in  your  "Appraisal  Work"  except  upon  an 
order  of  the  Court,  the  request  of  the  Third  Avenue  Bondholders  Committee  or  such  legal 
order  as  the  Commission  may  itself  make.  I  am  sure  you  will  understand  that  I  very  much 
regret  to  come  to  this  decision  for  I  am  particularly  anxious  to  work  in  harmony  with  the  Com- 
mission and  I  dislike  any  disagreement  with  them,  but  I  think  you  will  recognize  that,  my  views 
being  what  they  are,  I  cannot  do  otherwise. 

Yours  very  truly, 

Receiver. 


Mr.   Frederick   W.   Whitridge,   Receiver,  New  York,  July  23,  1909. 

Third  Avenue   Railroad   Company, 

130th  Street  &  3rd  Ave.,  New  York. 

Dear  Sir:  . 

Yours  of  the  21st,  addressed  to  Commissioner  Eustis,  is  referred  to  me  for  answer.  I  cannot  quite 
understand  your  reference  tb  the  "apparent  unwillingness  of  the  Commission  to  define  its  position"  in 
respect  to  appraisal  work. 

324 


You  must  be  aware  that  the  purpose  of  the  Commission  is,  in  brief,  to  secure  reliable  information 
as  to  the  values  of  the  physical  properties  of  the  Company  of  which  you  are  the  Receiver.  This  for  the 
purpose  of  being  in  possession  of  the  facts  necessary  or  important  for  its  discharge  of  the  duties  devolv- 
ing upon  it  in  connection  with  issues  of  securities,  passenger  rates,  etc.  As  a  case  in  point,  it  is  manifest 
that  a  correct  knowledge  of  these  is  a  factor  in  the  consideration  of  your  application  for  approval  of  an 
issue  of  securities  which  has  been  the  subject  of  proceedings  still  going  on  before  the  Commission. 

The  opinion  which  you  express,  as  to  the  legality  of  its  work,  while  of  interest,  can,  of  cource,  have 
no  effect  other  than  to  make  it  necessary  for  the  Commission  to  resort  to  the  measures  with  which  it  is 
empowered  by  law  for  the  procurement  of  the  papers   and   information   desired. 

Your  closing  remarks  that  you  "very  much  regret  to  come  to  this  decision" ;  that  you  are  "particu- 
larly anxious  to  work  in  harmony  with  the  Commission"  and  that  you  "dislike  any  disagreement  with 
them,"  and  other  similar  protestations  in  previous  letters  addressed  to  the  Chairman,  are  so  at  variance 
with  the  actual  course  pursued  by  you  at  almost  every  step  that  they  serve  mainly  to  emphasize  the  con- 
trast between  your  words  and  actions.  I  believe  the  final  result  will  disclose  that  it  were  better  that  the 
former  rather  than  the  latter  were  followed. 

Very  truly  yours, 

WMcC/JM.  WM.   McCARROLL, 

Acting  Chairman. 


Mr.  William  McCarroll,  Acting  Chairman,  July  24th,   1909, 

Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  yours  of  the  23rd,  If  you  will  read  the  letters  on  the  subject  of  valuations  which, 
your  Commission  has  not  answered  you  will  understand  my  reference  to  the  unwillingness  of 
the  Commission  to  define  its  position. 

I  am  very  much  obliged  to  you  for  your  intimation  that  the  Commission's  physical  valuation 
of  properties  is,  among  other  things,  for  the  purpose  of  enabling  it  to  discharge  the  duties- 
devolving  upon  it  in  connection  with  passenger  rates,  etc.  I  have  suspected  you  of  entertain- 
ing that  notion,  but  I  could  not  be  sure. 

I  am  sorry  you  doubt  the  sincerity  of  my  desire  to  have  you  dwell  with  me  in  unity,  for  it 

is  really  my  wish,  and  as  a  last  evidence  thereof,  pray  permit  me  to  suggest  to  you  that  before 

the  Commission  again  resorts  "to  the  measures  it  is  empowered  by  law,  etc."  it  should  consult 

its  own  counsel. 

Yours  very  truly, 

Receiver. 


F.  W.  Whitridge,  Esq.,   Receiver,  New  York,  July  27th,  1909. 

Third   Avenue   Railroad   Company, 

130th   St.  &  3rd  Ave.,  New  York  City. 

Dear  Sir: 

Receipt  is   herewith   acknowledged   of  your  communication  of  July  24th,  to  Acting  Chairman  McCar- 
roll. Yours  truly, 

TRAVIS   H.   WHITNEY, 
THW/HJC.  Secretary. 

325 


The  following  letter  of  the  Commission  is  a  form  which  comes  with  every  complaint  and  for 
economy  of  space  is  only  printed  once: 

July  17,   1909. 
Frederick   W.   Whitridge,   Esq., 

Receiver,  Third  Avenue  Railroad   Co., 
130th    Street   and   Third   Avenue, 
New   York  City. 
Dear  Sir: 

The  Public  Service  Commission  for  the  First  District  has  received  the  communication  from  William 
Goebel  of  i8ist  Street  and  Fort  Washington  Avenue,  of  which  copy  is  herewith  sent  to  you  for  your 
information  and  such  investigation  as  you  may  wish  to  make. 

It  may  be  that  this  is  an  isolated  case,  or  one  which  is  due  to  some  defect  in  your  organization  or 
service,  which  the  Commission  ought  officially  to  investigate,  but  preliminary  thereto,  the  Commission 
desires  your  explanation  thereof. 

Please  answer  hereto  to  this  Commission  by  the  27th  day  of  July,  sending  a  copy  of  your  answer  to 
the  Complainant  at  the  above  address,  who  has  been  requested  to  reply  thereto  within  ten  days  thereafter. 

Yours  very  truly, 
GFD/CWT  TRAVIS   H.    WHITNEY, 

End.  Secretary, 

C-3653 


Public    Service    Commission,  New   York,   July   16,    1909. 

Tribune   Bldg., 
N.  Y.  City. 

Gentlemen :  - 

I  herewith  beg  to  call  your  attention  to  the  very  irregular  and  inadequate  service  rendered  the  resi- 
dents of  the  upper  West  Side,  by  the  Broadway-Kingsbridge  branch  of  the  3rd  Ave.  R.  R.  Co.,  which  branches 
off  the  main  line  at  i6ist  St.  and  Amsterdam  Ave.,  running  north  through  St.  Nicholas  Ave.  and  Broad- 
way to  West  225th  St. 

It  is  often  necessary  to  wait  10  to  20  minutes  for  a  car  over  this  line,  not  only  during  the  day, 
but  also  during  what  is  generally  considered  the  "rush  hours,"  7  to  9  A.  M.,  and  5  to  7  P.  M.  The  Company 
will  no  doubt  offer  the  excuse  that  traffic  does  not  warrant  the  more  frequent  running  of  cars;  but 
many  times  have  I  and  others  been  compelled  to  wal  k  far  out  of  the  way  to  other  lines  rather  than 
wait  unreasonable  time.  The  section  of  the  City  through  which  this  line  passes  is  rapidly  building  up 
and  anything  your  Honorable  Body  can  do  to  secure  better  service  will  be  greatly  appreciated. 

Very  respectfully, 

(Signed)     WILLIAM  GOEBEL, 
i8ist   Street  and   Fort  Washington   Ave. 


Travis  H.  Whitney,  Esq.,  New  York,  July   19,    1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  yours  of  the  17th  enclosing  the  complaint  of  William  Geobel  in  respect  to  the  Kings- 
bridge  Line.  I  think  Mr.  Goebel  somewhat  exaggerates  the  length  of  time  which  he  or  anybody 
else  has  been  obliged  to  wait  on  that  Line,  but  nevertheless  I  think  the  service  has  not  been 
adequate  and  last  week,  after  personal  inspection,  I  ordered  four  more  cars  put  on  during  the 
rush  hours.     I  think  that  ought  to  meet  the  situation,  but  if  it  does  not,  we  will  put  on  some 

more. 

326 


It  is  very  difficult  to  forecast  what  the  demands  on  this  road  will  be,  as  there  are  not  only 
the  regular  baseball  assemblages,  but  various  irregular  assemblages  which  make  quite  unex- 
pected and  unforeseen  congestion. 

I  am  very  glad  of  any  information  on  the  subject  which  will  enable  us  to  meet  the  public 

demand. 

Yours  truly. 

Receiver.- 


New  York,  July  19,   1909. 
Mr.  William  Goebel, 

181  St  Street  &  Fort  Washington  Avenue, 

New  York  City. 

Dear  Sir : 

I  send  you  herewith  copy  of  my  letter  to  the  Public  Service  Commission  in  answer  to  your 

letter  of  July  i6th.     I  shall  be  very  happy  to  hear  from  you  at  any  or  all  times  in  respect  to 

the  subject  matter  thereof. 

Yours  truly, 

Enclosure.  Receiver. 


New    York,    July    22,    1909. 
Frederick   W.   Whitridge,   Receiver, 

3rd   Ave.   R.   R.  Co., 

Dry  Dock,  E.  B.  &  B.  Ry.  Co. 

Union   Ry.    Co., 

42nd  St.,  Manhattanville  &  St  Nicholas   Ave.   Ry.   Co. 

130th  St.  &  Third  Ave.,  City. 
Dear   Sir: 

I  transmit  herewith  and  serve  upon  you  a  certified  copy  of  Filing  Order  in  Case  No.  1137,  adopted 
by  the  Commission  at  its  meeting  July  13th.  In  addition,  I  am  sending  you  a  supply  of  the  monthly 
report  blanks,  intended   for  use  from  July  to  December,    1909,    inclusive. 

Kindly  acknowledge   receipt   of  both   the  order  and  the   forms  of   reports. 

Very  truly  yours, 
AM/SZ      •  TRAVIS  H.   WHITNEY, 

Enc.  Secretary. 


327 


STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


IN  THE  MATTER  J 

OT?  1  Case  No.  1137. 

^^  r     Filing  Order. 

Monthly   Reports   o£   Street    Kafiway  Operations, 


It  is  hereby 

ORDERED:  That  every  street  railroad'  corporation  within  the  jurisdiction  of  the  Commission,  and 
every  railroad  corporation  within  such  jurisdiction  which  now  or  hereafter  operates  any  cars  or  trains 
by  means  of  electric  energy  or  other  motive  power  than  steam,  file  with  the  Commission  a  monthly 
report  of  its  operations  on  and  after  July  i,  1909,  in  accordance  with  the  form  designed  as  "Monthly 
Report  of  Street  Railway  Operations"  (Serial  Form  No.  2164),  said  form  being  based  upon  the  classifi- 
cation of  accounts  prescribed  on  December  8,  1908,  for  all  street  and  electric  railroad  corporations  within 
the  jurisdiction  of  the  Commission;  and  that  said  form  be  and  the  same  hereby  is  approved  and  prescribed 
as   the    form    for   said   monthly   report;    and 

WHEREAS,  the  Commision  is  in  need  of  information  as  to  each  and  every  question  contained 
on  pages  one,  five  and  six  of  the  said   form,  it  is  further 

ORDERED:  That  each  and  every  such  corporation  make  specific  answer  monthly  to  each  and 
every  question   upon   pages   one,   five   and   six   of   such    form.      And    it    is    further 

ORDERED:  That  beginning  as  of  July  i,  1909,  blanks,  embodying  the  said  form,  shall  be  sent  to 
every  such  corporation,  and  that  each  and  every  such  corporation  file  with  the  Commission  a  report 
of  its  said  operations  during  the  month  of  July,  1909,  in  the  form  aforesaid,  and  make  specific  answer 
to  each  and  every  such  question  contained  upon  pages  one,  five  and  six  of  such  form  in  respect  of  the 
said   month    of   July,    1909,    within    six   weeks    after  the  close  of  that  month.     And  it  is  further 

ORDERED:  That  each  and  every  such  corporation  shall  thereafter,  until  this  order  is  withdrawn 
or  modified,  file  a  report  of  its  operations, .  in  the  form  aforesaid,  and  make  specific  answer  to  every 
such  question  upon  pages  one,  five  and  six  of  such  form,  in  respect  of  and  as  to  each  succeeding 
calendar  month,  within  six  weeks  after  the  close  of  such  month. 


New   York,   July   22,    1909. 
Frederick  W.  Whitridge,  Receiver, 
3rd  Ave.  R.  R.  Co., 

42nd  St.,  E.  B'way  &  Battery  R.  R.  Co., 
Union  Ry.  Co., 

Dry  Dock,   E.   B'way  &  Battery  R.   R.   Co., 
130th  St.  &  Third  Ave.,  City. 

Dear  Sir: 

I  transmit  herewith  and  serve  upon  you  a  certified  copy  of  Filing  Order  in  Case  No.  1138,  adopted 
by  the  Commission  at  its  meeting  July  13th.  In  (addition,  I  am  sending  you  a  supply  of  the  quarterly 
report  blanks,  for  quarters  ending  September  30th  and  December  31st,  1909,  which  embraces  an  income 
aud  a  balance  shett  statement. 

Kindly  acknowledge  receipt  of  both  the  order  and  the  forms  of  reports. 

Very  truly  yours, 
AM/SZ  TRAVIS  H.  WHITNEY, 

Etic.  Secretary. 

328 


STATE  OF  NEW  YORK 

PUBLIC  SERVICE  COMMISSION   FOR  THE   FIRST   DISTRICT. 


IN  THE  MATTER  J 

°^  (  Case  No.  1138. 

■Quarterly  Reports  to  be  made  and  filed  by  Street  Railroad  Corporations  and  by  f       Filing  Order. 

E^lectric  Railroad  Corporations  within  the  Jurisdiction  of  the  Public  Service  Com-  \ 
■mission  for  the  First  District.  f 

It  is  hereby 

ORDERED :  That  the  "form  for  quarterly  report  of  street  and  electric  railways"  prepared  by 
the  Chief  Statistician  of  this  Commission  on  the  basis  of  the  classification  of  accounts  adopted  by  the 
■Commission  December  8,  1908,  and  printed  under  that  designation  as  Serial  Form  No.  2165,  a  copy 
of  which  form  is  now  before  this  Commission,  be,  and  the  same  hereby  is  approved  and  prescribed  as 
the  form  for  quarterly  reports  to  be  made  to  the  Commission  by  street  railroad  corporations  and  by 
railroad  corporations  hereinafter  mentioned  within  its  jurisdiction;  that  such  copy  duly  authenticated  by 
the  Secretary  of  the  Commission  be  filed  in  its  archives,  and  that  said  copy  so  authenticated  and  filed 
shall    be    deemed   the    original    form    prescribed    hereunder: 

ORDERED :  That  beginning  as  of  July  i,  1909,  blanks  embodying  the  said  form  shall  be  sent  to 
<cvery  such  street  railroad  corporation  and  to  every  such  railroad  corporation  owning,  controlling  or 
operating  any  railroad  on  which  electric  energy  is  used  as  the  principal  motive  power,  and  that  every 
such  street  railroad  corporation  and  every  such  railroad  corporation  make  and  file  with  the  Commission 
•within  six  weeks  after  the  close  of  the  quarter  ending  September  30,  1909,  a  report  for  such  quarter 
in  the   form  by  this   order  prescribed : 

ORDERED:  That  within  six  weeks  after  the  close  of  every  succeeding  quarterly  period  until  this 
order  is  modified  or  withdrawn  every  such  street  railroad  corporation  and  every  such  railroad  corporation 
make  and   file  with  the  Commission  a  report  for  said   quarter   in   said    form. 

Travis  H.  Whitney,  Esq.,  New  York,  July  26,   1909. 

Secretary,  Public  Service  Commission. 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

In  response  to  your  several  communications  of  the  22nd  instant,  relative  to  the  transmission 
of  Orders  Nos.  1137  and  1138,  together  with  a  supply  of  monthly  and  quarterly  blanks  for  the 
use  of  the  four  roads  of  which  I  am  Receiver,  I  beg  to  acknowledge  the  receipt  of  same. 

Yours  truly, 

Receiver. 


THE    HAYNES    AUTOMOBILE    CO.    OF    NEW  YORK.. 
1715  Broadway. 

-r, .,.   o    .    ^      .  .  J"^y  31,  1909- 

Public   Service   Commission, 
154  Nassau  St.,  N.  Y. 

Gentlemen : — 

We  wish  to  call  to  your  attention  the  extreme  noise  made  by  the  trolley  cars  at  the  corner  of  54th 
street  and  Broadway.  The  disturbance  created  by  cars  in  passing  our  place  of  business  located  at  that 
point  is  so  annoying  and  distressing  at  times  that  a  positive  hardship  is  worked  upon  the  tenants  of 
all  places  of  business   in  this  locality.     It  is  impossible  to   carry  on  ordinary  conversation  with  any  one 

.329 


and   all    telephone   communication   must   be   carried   on  in  booths.     We  feel  that  it  is  a  matter  that  should 
have   your   prompt    attention. 

Will  you  kindly  investigate  and  oblige, 

Yours    very   truly, 

THE  HAYNES  AUTOMOBILE  GO. 

(Signed)    E.    W.    Headington, 

Manager. 


Travis  H.  Whitney,  Esq.,  New  York,  August  4,  1909. 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City.     - 

Dear  Sir: 

I  have  your  favor  of  blank  date  enclosing  complaint  of  E.  W.  Headington  in  regard  to 
noise  on  Broadway  near  54th  Street.  There  is,  unquestionably,  noise  at  that  point,  but  as 
heretofore  explained  to  you,  until  we  can  get  money  to  renew  the  track,  we  are  helpless  to 
prevent  it.  The  reorganization  plan  which  is,  I  believe,  now  awaiting  the  action  of  the  Public 
Service  Commission,  provides  for  a  fund  for  the  renewal  of  these  tracks. 

Yours  truly, 

Assistant  to  Receiver. 

E.  W.  Headington,  Esq.,  New  York,  August  4,  1909. 

1 71 5  Broadway, 

New  York  City. 

Dear  Sir: 

Enclosed  please  find  copy  of  my  answer  to  the  Public  Service  Commission  in  respect  to 

your  complaint  of  July  31st. 

Yours  truly, 

Enclosure.  Assistant  to  Receiver. 


Mr.   Frederick  W.   Whitridge,  New   York,   August  2nd,  '09. 

Receiver,  Union  Railway  Co., 
2396  Third  Avenue, 
New   York   City. 
Dear    Sir:— 

At  the  request  of  Mr.  Turner,  you  are  sent  herewith  one  blue  print  of  sheet  #2  covering  some  observa- 
tions made  on  the  138th  Street  Crosstown  line  of  the  Union  Railway  Company  on  July  28th,  '09. 

You  will  note  that  standing  passengers  were  carried  past  138th  Street  &  3rd  Avenue,  eastbound, 
during  every  half-hour  period  from  5:30  to  9:00  P.  M.  From  5:30  to  6:30  P.  M.  a  2^  minute  interval 
was  maintained,  after  that  time  the  interval  was  gradually  increased  until  after  7:30  when  it  was  about 
four  minutes.  The  counts  show  that  a  three  minute  interval  should  have  been  maintained  up  to  about  8:30 
or  9:00  P.  M. 

Kindly  give  this  matter  your  attention  and  state  in  your  reply  when  the  improvement  in  service  will 
become    effective. 

Very  truly  yours, 

AJC.  TRAVIS  H.  WHITNEY, 

End.  Secretary. 

330 


PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


Bureau  of  Transit  Inspection. 

Line,  138th  St.  Crosstown  Union  Ry.  Co. 

Date,   July  28th,   "09. 

Location  of  Observer,   138th  St.  and  3rd  Ave. 

Bound,    East.      Computer,    Kinsley. 

Checked  by  Standfast.     Investigation  No.  902. 


Sheet  No.  2. 


Time. 

Destination. 

CO 

11 

eo 

s 

0 

u 

1 

0 
|£ 

•o  at 

Si 

r 

0 

M 

11 

ft.  J 

-*! 

26 
27 
28 
28 
19 
22 
86 
54 
47 
43 
36 
37 
52 
39 
24 
29 

n 

II 

1 

1 

S 

a 

■si 

Is 
H 

Jnly  9 

2.00  to  '2.8O 
2.80  "    3.00 
3.00  "    8.80 
3.80  '•    4.00 
4.00  "    4.80 
4.80  '•    5.00 
6.00  "    5.3.1 
5.80  "    6.00 
6.00  "    6.80 
6.80  •'    7.00 
7.00  "    7.30 
7.30  "    8.00 
8.00   "    8J0 
8.30   '•    9.00 
9.00  "    9.80 
9.80  ♦•  10.00 

Port  Morris 

9 
9 
10 
10 
12 
12 
11 
12 
13 
10 
9 
8 
7 
7 
8 
8 

824 
321 

360 
360 
482 
432 
896 
432 
468 
360 
324 
288 
2.52 
252 
288 
288 

238 
245 
279 
228 
228 
264 
896 
647 
606 
428 
330 
296 
362 
276 
192 
828 

10 

5 
15 

"s 

11 
10 
6 
1 
2 
5 
8 

00 

?15 

150 

80 

.10 

20 

110 
AO 

K.                      I. 

Travis  H.  Whitney,  Esq.,  New  York,  August  10,  1909. 

Secretary,    Public   Service   Commission, 
154  Nassau  Street,  City. 

Dear  Sir: 

Referring  to  your  favor  of  August  2nd,  complaint  of  Mr.  Turner,  in  regard  to  service  on 

135th  Street  Line,  I  desire  to  state  that  it  is  and  has  been  our  intention  to  keep  up  the  service 

as  represented  by  the  schedule  approved  by  the  Public  Service  Commission,  and  we  will  see 

to  it  that  that  schedule  is  carried  out  and  a  three  minute  interval  is  maintained  up  to  at  least 

8 :30  P.  M. 

Yours  truly, 

Assistant  to  Receiver. 


Public    Service    Commission,  July  30,   1909. 

154  Nassau   St.,  City. 

Gentlemen : — 

I  wish  to  complain  of  the  service  on  the  135th  and  138th  Street  Crosstown  line  of  the  Union  Railroad 
and  particularly  as  to  the  service  rendered  to  the  Ferry  running  from  the  foot  of  134th  Street  to  North 
Beach. 

I  have  heard  on  several  occasions  that  the  service  is  insufficient  and  last  night  had  an  opportunity 
to  observe  the  character  of  it,  as  appears  hereinafter. 

331 


A  boat  arrived  from  North  Beach,  at  its  scheduled  time  10.48.  The  passengers  waited  at  the  terminus 
of  the  railroad  134th  Street  for  the  cars.  No  seats  or  place  to  wait  is  provided.  There  were  standing 
along  the  curb,  with  an  evident  intention  to  take  the  cars,  97  persons.  After  waiting  there  until  ten 
past  eleven,  a  number  of  persons  started  to  walk  upwards  to  138th  Street.  During  the  time  between 
ten  minutes  to  eleven  and  ten  minutes  after  eleven  a  car  came  to  138th  Street  and  Locust  Ave.  but 
•did  not  make  the  turn  down  Locust  Ave.  to  134th   St.    but    immediately   started   back   across    138th    Street. 

Thirty-five  passengers  made  the  trip  by  11.15  to  138th  Street.  Car  No.  783  run  by  Motorman  No. 
1370,  conductor  No.  325,  arrived  at  that  point.  This  car  did  not  go  down  to  the  Ferry  House.  Thirty-six 
passengers  boarded  the  car  at  this  point  which  started  from  the  terminus  at  11:17.  The  other  sixty 
passengers  may  be  waiting  yet  at  the  ferry  house  for   a   car. 

I  believe  that  the  car  which  came  to  138th  St.  corner  just  before  Car  No.  786,  was  number  298. 
From    conversation   had   with    various   persons   on   the   car,   this   is   of   common   occurrence. 

As  the  North  Beach  boats  run  with  seeming  regularity,  there  is  no  reason  why  sufficient  service 
should  not  be   given  to   those   who   use  these   boats. 

In  conclusion,  I  wish  to  say  that  this  complaint  is  made  as  a  passenger,  using  the  cars  and  the 
boats,  and  not  in  any  representative  capacity  of  the  ferry  company.  I  have  the  original  memoranda 
of  the   facts   herein   set   forth   which   is   at   your   disposal,  as  well  as  my  testimony  concerning  the  same. 

Yours   truly, 

(Signed)    JULIUS   O.   FOOTE. 


New  York,  August  10,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

In  regard  to  the  complaint  of  Julius  O.  Foote,  in  respect  to  the  service  to  the  Ferry  from 

the  foot  of  134th  Street  to  North  Beach,  our  General  Manager  reports  as  follows  regarding  such 

service : 

"Regarding  the  complaint  of  Julius  O.  Foote,  Attorney  at  Law,  299  Broadway,  New 

"York  City,  we  desire  to  state  that  a  siding  was  placed  some  time  ago  on  Locust  Avenue, 

"at  the  request  of  people  interested  in  property  on  that  Avenue,  and  also  for  the  accom- 

"modation  of  those  desiring  to  take  advantage  of  the  Ferry  service  from  134th  Street. 

"This  Ferry  is  operated  only  during  the  Summer  months,  and  as  you  are  aware  our 
"135th  and  138th  Street  crosstown  line  is  operated  on  a  short  headway,  and  the  distance 
"from  138th  Street,  along  Locust  Avenue,  is  about  1,000  feet. 

"We  endeavor  to  arrange  so  that  cars  will  meet  the  Ferry  at  the  landing'  at  134th 
"Street  on  schedule  time,  which  is  every  hour;  but  frequently  there  are  delays,  and  the 
"consequence  is  that  if  we  should  have  cars  wait  it  would  lengthen  out  our  headway  on 
"the  138th  Street  line,  causing  delays  to  our  regular  passengers  using  that  line,  and 
"interfering  with  the  schedule  which  has  been  prepared  by  us  and  approved  by  your 
"Board." 
I  trust  the  above  is  satisfactory.     I  am  sending  a  copy  of  this  letter  to  Mr.  Foote. 

Yours  truly, 

'.     .    ,  Assistant  to  Receiver. 

332 


Julius  O.  Foote,  Esq.,  New  York,  August  lo,  1909. 

299  Broadway, 

New  York  City. 

Dear  Sir: 

I  hand  you  herewith  copy  of  letter  to  the  Public  Service  Commission  which  explains  itself. 
I  Yours  truly, 

Enclosure:  Assistant  to  Receiver. 


New  York,  August  3rd,  1909. 
E,  A.  Maher,  Esq., 

President  Union    Railway   Co., 
204  East  128th  Street, 
New  York  City. 
Dear    Sir: 

I  transmit  herewith  a  certified  copy  of  an  Order  in  Case  No.  240,  adopted  by  this  Commission  at 
its  meeting  to-day,  discontinuing  the  proceeding  in  the  matter  of  the  condition  of  the  tracks  of  the 
Union  Railway  at  the  east  end  of  Macomb's  Dam  Bridge. 

Yours   truly, 
JHG/HJC  TRAVIS  H.  WHITNEY, 

Secretary. 


Tribune  Building,  No.  154  Nassau  Street, 
Borough  of  Manhattan,  City  of  New  York, 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE   FIRST   DISTRICT. 

In  the  Matter  j 

°*  the  n        T.T 

\  Case  No.  240. 

Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  the   Service  and  f  Discontinuance  Order. 
Equipment   of   the   Union    Railway    Company    in    respect    to    the    condition    of.  its  V 
track  at  the  east  end  of  Macomb's  Dam  Bridge.  I 

An  order  of  the  Commission  having  been  made  herein  on  the  4th  day  of  February,  1908,  directing 
that  a  hearing  be  held  on  February  19th,  1908,  and  the  said  hearing  having  been  held  before  Mr.  Com- 
missioner Eustis  on  February  19th,  1908,  and  by  adjournment,  on  March  loth,  1908,  and  it  appearing 
that    the    defective    rail   joints    at    the    point    in    question  have  been  repaired,   it  is 

ORDERED:    That    the    above    entitled    proceeding  be  and  the  same  hereby  is  discontinued. 


Public  Service  Commission,  New  York,  August  4,  1909. 

154  Nassau  Street, 
New  York  City. 

Dear  Sirs: 

I  have  your  favor  of  August  3rd  with  discontinuance  order  in  Case  240. 

Yours  truly, 

Assistant  to  Receiver. 
.33.3 


GILBERT   RAY  HAWES 

Equitable  Building, 

120  Broadway, 

New  York. 


August  2,   1909. 


Public   Service   Commission, 

Tribune    Building,    154    Nassau    St., 
New  York  City. 

Gentlemen : 

A  number  of  my  friends  and  clients  on  Broadway  in  the  vicinity  of  West  89th  Street  have  asked 
me  to  call  your  attention  to  the  terrible  rasping  and  grinding  noises  made  by  the  cars  of  the  Broadway 
line  that  pass  that  point.  It  was  popularly  supposed  in  the  old  days  that  these  distressing  noises  were  caused 
by  flat  wheels,  but  the  new  "pay  as  you  enter  cars"  are  far  noisier,  so  that  it  is  impossible  to  sleep  at 
night.  The  noise  is  so  great  that  one  standing  on  the  sidewalk  cannot  make  himself  heard  when  a  car 
is  passing,  as  you  can  easily  verify  by  personal  investigation.  I  do  not  know  whether  it  is  the  cars 
or  the  rails  that  are  responsible  for  the  noise,  but  certainly  the  receiver,  who  operates  this  line  of  cars 
running  to  the  42d  Street  and  34th  Street  ferries,  should  be  compelled  to  take  some  steps  to  mitigate 
the  nuisance.  All  along  Broadway  tenants  have  left  apartment  houses  and  rents  have  been  seriously 
reduced,  merely  because  it  is  impossible  to  do  business  or  to  sleep,  or  take  any  comfort  out  of  life 
with  these  horrible  recurring  noises  continually  assailing  the  ears  of  shop  keepers  and  dwellers.  Can 
you  not  do  something  to  put  a  stop  to  it? 

Yours    very   truly, 

(Signed)    GILBERT  RAY  HAWES. 


Travis  H.  Whitney,  -Esq.,  New  York,  August  4,  1909. 

Secretary   Public   Service  Commission, 
154  Nassau  Street,  New  York  City, 

Dear  Sir: 

I  have  your  favor  of  August  3rd  enclosing  complaint  of  Mr.  Gilbert  Ray  Hawes,  com- 
plaining of  noise  on  Broadway  in  the  vicinity  of  West  89th  Street.  There  is,  unquestionably, 
noise  at  that  point,  but  as  heretofore  explained  to  you,  until  we  can  get  money  to  renew  the  track, 
we  are  helpless  to  prevent  it.  The  reorganization  plan  which  is,  I  believe,  now  awaiting  the 
action  of  the  Public  Service  Commission,  provides  for  a  fund  for  the  renewal  of  these  tracks. 

Yours  truly, 

Assistant  to  Receiver. 


Gilbert  Ray  Hawes,  Esq.,  New  York,  August  4,,  1909. 

Equitable  Building, 

120  Broadway,  New  York  City. 

Dear  Sir: 

Enclosed  please  find  copy  of  my  answer  to  the  Public   Service  Commission  in  regard  to 

your  complaint  of  August  2nd. 

Yours  truly, 

Enclosure:  Assistant  to  Receiver. 

334 


New  York.  August  5,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City.  ' 

Dear  Sir: 

Referring  to  the  subpoena  served  upon  Mr.  Whitridge  and  in  accordance  with  the  under- 
standing at  the  hearing  yesterday,  I  am  sending  you  to-day  the  following  blue  prints  and 
documents : 

PARAGRAPH  i.  Blue  print  of  a  part  of  the  third  item,  125th  Street  east  of  Eighth 
Avenue,  being  the  Lorain  Steel  Company's  blue  print  No.  30778. 

PARAGRAPH  2.  Third  Avenue  Railroad  Company's  blue  print  23  showing  the  general 
type  of  construction  used  in  re-constructing  the  Third  Avenue  Line  on  Park  Row.  This  is 
modified  by  the  memorandum  in  ink  on  the  blue  print  showing  a  7'  rail  was  used  in  place  of 
9'  and  that  sand  plates  were  generally  omitted. 

Third  Avenue  Blue  Print  No.  60  showing  the  general  type  of  construction  on  125th  Street 
at  Amsterdam  Avenue. 

Neither  of  the  two  above  plans  are  entirely  correct,  but  they  are  the  nearest  we  have. 

PARAGRAPH  3.  I  have  given  instructions  to  have  prepared  and  will  send  you  later,  the 
blue  prints  of  a  portion  of  the  65th  Street  car  barn.    This  is  all  we  have. 

PARAGRAPH  4.  The  Books  in  the  Department  of  Maintenance  of  Way  we  are  using 
constantly,  but  it  was  arranged  that  your  men  should  have  access  to  them  and  I  have  given  in- 
structions to  that  effect. 

PARAGRAPH  5.  I  am  handing  you  herewith  all  the  blue  prints  referred  to,  excepting 
No.  47,  the  tracing  of  which  cannot  now  be  located. 

PARAGRAPH  6.  I  am  having  prepared  an  inventory  of  the  floating  tools  and  will  send 
it  to  you  later. 

PAGE  2— ROADBED  OBSTRUCTIONS.  I  understand  that  the  Metropolitan  Receivers 
have  given  you  all  these  blue  prints,  and  that  you  do  not,  therefore,  require  them  from  us. 

PAGE  3 — BUILDINGS.  Your  people  have  already  obtained  from  us  such  building  plans 
as  we  have.  Those  referred  to  on  this  page  are  plans  which  we  have  not  got,  and  I  am  there- 
fore unable  to  supply  them. 

As  to  the  shacks  and  stables  southwest  corner  of  Amsterdam  Avenue  and  i86th  Street, 
the  leases  on  portions  of  those,  one  to  H.  Rothman  and  the  other  to  Ernest  G.  Hamilton,  I  send 
you  copies  of  herewith. 

I  also  hand  you  copy  of  the  lease  covering  the  second  story  of  car  storage  building  at  216th 
and  2i8th  Streets  west  of  9th  and  loth  Avenues. 

Also  contracts  for  the  sprinkling  system  65th  Street  and  Third  Avenue,  130th  Street  and 
Third  Avenue,  and   130th  Street  and  Amsterdam  Avenue. 

The  contract  for  building  heating  system  at  130th  Street  and  Third  Avenue,  is  included  in 
the  contract  for  building  which  is  referred  to  above. 

335 


PAGE   4— MATERIAL  AND   SUPPLIES.    These  inventories  are  being  checked  over  by 

our  auditor,  and  as  soon  as  they  are  duly  passed,  I  will  have  copies  of  them  made  and  sent 

to  you. 

Yours  truly, 

Assistant   to   Receiver. 


R.  W.   Kelley,  Esq.,  New  York,  August  5th,  1909. 

Assistant  to   Receiver, 

3rd   Ave.    R.    R.    Co., 

130th  St.   &  3rd  Ave., 
N.  Y.  City. 
Dear  Sir: 

We  beg  to  acknowledge  receipt  of  your  favor  of  the  5th  inst.,  accompanying  certain  blue  prints  and 
papers  therein  mentioned. 

In  checking  these  over,  we  find  that  you  have  furnished  all  the  blue  prints  mentioned  in  your  letter 
except  Nos.   7  &  42    (Par.   5). 

We  should  be  glad  to  receive  at  your  earliest  convenience  inventories  of  the  floating  tools,  materials 
&  supplies. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
HF/LEK  Secretary. 


Travis  H.  Whitney,  Esq.",  New  York,  August  9th,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  your  favor  of  August  5th.  I  have  given  instructions  to  have  blue  prints  7  and  42 
(Par.  5)  and — if  we  can  find  it — No.  47,  made  up  and  sent  to  you.  The  other  inventories  are 
being  prepared. 

Mr.  Floy  of  your  Appraisal  Bureau  telephoned  August  5th  asking  for  blue  prints  of  the 
Brook  Avenue  sub-station.     I  have  given  instructions  to  have  same  prepared  and  sent  to  you. 

Yours  truly. 

Assistant  to  Receiver. 


Travis  H.  Whitney,  Esq.,  New  York,  August  10,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 

Dear  Sir: 

Referring  to  my  letter  of  the  9th  instant,  I  hand  you  herewith  blue  prints  No.  7  and  No. 
42  (Par.  5).    We  are  not  able  to  locate  No.  47. 

Referring  to  my  letter  of  the  5th  instant.  Paragraph  3,  in  regard  to  65th  Street  car  barn, 
I  beg  to  advise  you  that  some  time  ago  we  gave  to  your  Mr.  Bibbins  a  complete  set  of  the  blue 

3Z(> 


prints  of  the  65th  Street  car  barn  so  far  as  we  had  same.    I  presume  that  this  set  of  blue  prints 

will  meet  all  your  requirements. 

Yours  truly, 

Enclosures:  Assistant  to  Receiver. 

Travis  H.  Whitney,  Esq.,  August  10,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  N.  Y. 
Dear  Sir: 

I  beg  to  enclose  herewith  reports  for  the  quarter  ending  June  30,  1909,  made  by  the  Re- 
ceiver of  the  following  roads,  viz. : 

Third  Avenue  Railroad, 

Union  Railway, 

42nd  St.,  Man.  &  St.  Nich.  Ave.  Ry., 

Dry  Dock,  E.  B'way  &  Battery  R.  R. 

I  also  enclose  report  for  the  same  quarter   made   by   the    Southern    Boulevard    Railroad 
Company. 

Will  you  please  acknowledge  the  receipt  of  the  same  and  oblige, 

Yours  very  truly, 
WF-HMF.  Assistant   to  Receiver. 


Third  Avenue  Railroad  Company,  August  11,  1909. 

R.  W.  Kelley,  Esq.,  Assistant  to  Receiver, 

130th  Street  and  Third  Avenue,  New  York  City. 
Dear    Sir : 

Receipt  is  acknowledged  of  the  reports  for  the  quarter  ending  June  30,  1909,  of  the  Southern  Boule- 
vard  Railroad   Company,   and   the   following   roads   operated  by  the  Receiver: 

Third   Avenue   Railroad   Co., 

Union    Railway    Company, 

42nd  St.,  Manhattanville  &  St.  Nich.  Ave.  Ry.  Co., 

Dry  Dock,  East  Broadway  &  Battery  R.  R.   Co. 

Note  is  made  of  the  altered  method  of  treating  power  production  and  sales.  In  order,  however, 
that  the  report  may  afford  a  true  comparison,  you  are  requested  to  supplement  it  with  a  statement  of 
earnings  and  expenses  and  miscellaneous  income  made  out  in  the  same  form  as  that  for  the  corresponding 
quarter  of   1908.  Very  truly  yours, 

TRAVIS   H.   WHITNEY, 
AFW/ARB  Secretary. 

Travis  H.  Whitney,  Esq.,  '  New  York,  August  17th,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  St.,  City. 
Dear  Sir: 

Replying  to  your  letter  of  August  nth,  as  to  a  supplemental  statement  of  earnings  and 
expenses  of  miscellaneous  income,   I  have  given  instructions  to  prepare  same. 

Yours  truly, 

Assistant   to  Receiver. 
337 


Travis  H.  Whitney,  Esq.,  New  York,  August  23rd,  1909. 

Secretary,   Public  Service  Commission, 
154  Nassau  St.,  City. 

Dear  Sir: 

As  requested  in  your  favor  of  August  nth,  I  hand  you  herewith  quarterly  statement  of 

earnings  and  operating  expenses,  etc.,  of  the  Third  Avenue  Railroad,  made  up  as  requested  by 

you  on  the  basis  of  1908. 

Yours  truly, 

Assistant  to   Receiver. 


R.  W.  Kelley,  Esq.,  New  York,  August  12th,  1909. 

Assistant  to  Receiver,  3rd  Ave.  R.  R.  Co., 
130th  St.  &  3rd  Ave.,  N.  Y.  City. 

Dear  Sir: 

Permit  me  to  acknowledge  receipt  of  your  favors   of   August  9th   &   loth,   the  latter  accompanying 
Blue   Prints  Nos.  7  &  42. 

We  should  be  glad  to  receive  the  Blue  Prints  of  the  Brook  Ave.  Substation  as  soon  as  prepared.    We 
have    located    the    Blue    Prints    of    the    65th    St.    barn  previously  received. 

We  have  not  yet  received  the  Inventories — including  prices — mentioned  in  the  Subpoena,  which  we  are 
anxious  to  have  as  soon  as  possible. 

Very  truly  yours, 

HF/LEK.  TRAVIS  H.  WHITNEY, 

Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  August  13,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir : 

I  have  your  favor  of  the  12th  instant.     The  blue  prints  for  the  Brook  Avenue  Sub-station 
will  be  forwarded  today. 

The  inventories  referred  to  are  being  prepared  and  will  be  furnished  as  soon  as  we  can 

reasonably  do  so. 

Yours  truly. 

Assistant  to  Receiver. 


Travis  H.  Whitney,  Esq.,  New  York,  August  12,  1909. 

Secretary,   Public  Service  Commission, 
154  Nassau  Street,  City. 

Dear  Sir: 

Inasmuch  as  Mr.  Whitridge  will  not  return  from  abroad  until  some  time  in  October,  an 
extension  of  time  for  filing  the  annual  reports  from  September  30th  to  October  15th  is  respect- 
fully requested  in  the  following  cases: 

338 


Receiver  Third  Avenue  Railroad  Company, 

42nd  St.,  Manhattanville  &  St.  Nicholas  Ave.  Ry.  Co., 

Dry  Dock,  East  B'way.  &  Battery  Rd.  Co., 

"         Union  Railway  Company. 

Yours  truly. 


Assistant  to  Receiver. 


New  York,  August  14,  1909. 
R.    W.   Kelley,   Esq., 

Assistant   to    Receiver,   Third   Avenue   Railroad  Co., 
130th    St.   &  3rd   Avenue,   New   York   City. 

Dear  Sir: 

I  am  in  receipt  of  your  letter  stating  that  Mr.  Whitridge  will  be  abroad  until  some  time  in  October, 
and  asking  for  an  extension  of  time  until  October  15th  for  filing  his  annual  report.  In  order  to 
bring  the  matter  properly  before  the  Commission  it  will  be  necessary  to  make  application  in  accordance 
with  Rule  XXVI  of  the  Commission's  Rules  of   Procedure,    a    copy   of    which    is   enclosed. 

Very    truly    yours, 
AFW/LER  TRAVIS    H.    WHITNEY, 

Enc  Secretary. 


RULE  XXVI  OF  THE  RULES  OF  PROCEDURE  OF  THE  PUBLIC  SERVICE  COMMISSION  FOR 
THE    FIRST    DISTRICT,    ADOPTED    FEBRUARY  23,   1909. 

Governing  Application    for   Extension   of   Time  to   File  Reports. 

RULE  XXVI. — Application  for  Extension  of  Time  for  Making  and  Filing  of  Reports.  An  application 
by  any  corporation  or  person  for  an  extension  of  the  time  within  which  it  is  required  to  make  and 
file  any  report  with  the  Commission  shall  be  in  writing,  by  verified  petition,  filed  before  the  expiration 
of  the  period  extension  of  which  is  deemed  necessary,  and  setting  forth  in  detail  (i)  what,  if  any, 
effort  has  been  made  by  the  applicant  to  prepare  such  report;  (2)  any  facts  tending  to  show  why  the 
said  report  cannot  be  made  and  filed  within  the  time  prescribed;  (3)  any  other  facts  which  may  make 
an  extension  of  time  necessary  or  proper;  (4)  the  further  period  of  time  deemed  necessary  by  the  appli- 
cant within  which  to  make  and  file  such  report.  The  Commission  tAay  hold  a  hearing  upon  said  petition 
and  in  that  event  the  applicant  shall  attend  before  the  Commissioner  presiding  and  produce  such  witnesses 
and   documents   in   the  matter  as  the  Commission  shall  require. 


New  York,  August  14,  1909. 
R.   W.   Kelley,   Esq., 

Assistant  to  the  Receiver, 

Third  Avenue  Railroad  Company  and 

Other  Companies  in  the  Third  Avenue   System. 

My   Dear   Mr.   Kelley: — 

I  thank  you  for  the  memorandum  sent  to  me  yesterday  with  respect  to  the  Central  Crosstown  Rail- 
way Company  matter  and  I  am  now  going  over  the  same. 

In  the  Third  Avenue  Railroad  and  associated  companies  investigation  I  send  you  herewith  a  sub- 
poena and  in  the  case  of  this  latter  a  memorandum  of  the  matters  as  to  which  I  should  like  some 
one  to  attend  under  this  subpcena  to  assist  in  presenting  the  position  of  the  Third  Avenue  System  respecting 
these   questions. 

I  realize  that  these  are  to  a  very  large  extent  legal  questions  and  what  I  wish  of  course  of  any 
witness  is  not  a  legal  opinion  but  the  position  which  the  Third  Avenue  System  takes  and  upon  which 
it  has  acted  in  respect  to  the  matters  in  question  as,  for  instance,  the  claim  of  the  company  or  its 
engineers  with  respect  to  its  title  or  interest  in  such  jointly  used  construction  and  the  manner  in  which 
any   interest   is   evidenced   by   contract  or   correspondence  and  by  claims  or  entries  on  the  books  or  notes 

339 


which  have  been  taken  for  indebtednesses  growing  out  of  joint  construction.  I  apprehend  that  possibly 
this  may  not  be  available  on  Monday  afternoon,  but  I  send  this  out  so  that  the  matter  may  be  under 
consideration  and  possible  investigation  and  that  at  some  later  day  at  which  the  matter  on  Monday  may 
be  adjourned  some  one  may  attend  who  can  present  to  the  Commission  the  position  of  the  company 
with  respect  to  its  claims  in  these  cases.  The  attached  memorandum  is  rather  full,  for  the  purpose  of 
indicating   what    is   to    be    considered. 

Very    truly    yours, 

OCS/WEH  OLIVER  C.  SEMPLE, 

Enc:  Assistant  Counsel  in  charge  of  the 

Law  Department. 


Mr.  Oliver  C.  Semple,  August    i6th,    1909. 

Assistant  Counsel, 

Public  Service  Commission, 
154  Nassau  St.,  City. 
Dear  Sir: — 

I  have  your  favor  of  the  14th  inst.  and  the  two  subpcjenas  received  this  morning  to  appear 
to-day  at  2 130.  I  will  arrange  to  have  Mr.  Quinn,  who  is  really  more  familiar  with  the  points 
in  question  than  I  am  myself,  to  see  Mr.  Choate  and  appear  to-day. 

You  thank  me  for  a  memorandum  sent  you  in  regard  to  Central  Crosstown  Railway  mat- 
ter. I  do  not  know  to  what  you  refer,  as  the  Central  Crosstown  road  is  not  under  our  juris- 
diction. 

Very  truly  yours, 

Assistant   to   Receiver. 


R.   W.   Kelley,   Esq.,  New  York,  August  16,  1909. 

Assistant  to  Receiver, 

Union  Railway  Company  of  New  York  City, 
1 1 19  Third  Avenue, 
New  York  City. 
Dear    Sir : 

The  balance   sheet  statement  filed  by  the   Receiver  as  of  June  30,   1909,  contains  on  the  assets  side 

an  item  of  $526.25  entitled  "Purchase  of  New  York  City  Railway  Co."  Will  you  kindly  explain  the  nature 

of  this  asset? 

Very  truly  yours, 

AFW/LER  TRAVIS  H.  WHITNEY, 

Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  August  31st,  1909. 

Secretary   Public    Service    Commission 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

Referring  to  your  favor  of  August  i6th  our  representative  has  seen  Commissioners  Will- 
cox  and  Eustis  and  explained  this  matter  so  that  I  think  they  understand  it. 
I  will  ask  a  little  delay  in  sending  the  item  requested. 

Yours  truly, 

Assistant  to  Receiver. 
340 


Travis  H.  Whitney,  Esq.,  New  York,  August  17th,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  St.,  City. 

Dear  Sir: — 

Referring  to  my  letter  of  August  12th,  asking  extension  of  time  for  filing  annual  report 
from  September  30th  to  October  15th,  and  your  reply  thereto  of  August  14th,  I  hereby  renew 
said  application  in  accordance  with  Rule  26,  P.  S.  C. 

I  St.     We  are  working  on  these  reports  now. 

2nd.  At  this  season  of  the  year  some  of  our  clerks  are  on  their  vacation,  and  the  work  of 
preparing  the  new  monthly  report  to  September  15th,  which  was  new  and  unexpected  work, 
interferes  with  other  work. 

3rd.     Mr.   Whitridge,   Receiver,   is   desirous  of  examining  the  reports. 

4th.  The  period  of  time  for  which  the  extension  is  asked  is  from  September  30th  to 
October  15th.  Yours  truly, 

Assistant  to   Receiver. 


Frederick   W.    Whitridge,   Esq.,  *        New  York,  August  20,   1909. 

Receiver,   Third    Avenue    Railroad    Company, 
130th    Street  and  Third   Avenue, 
New  York  City,  N.   Y. 
Dear  Sir:— 

Transmitted  herewith,  and  hereby  served  upon  you,  is  a  certified  copy  of  an  Order  in  Case  No.  11 18, 
adopted  by  this  Commission  at  its  meeting  to-day,  extending  from  September  30,  1909,  to  October  15, 
1909,   the   time   of  the   Third  Avenue  Railroad   Company   and   its    Receiver   for   filing   its   annual   report. 

Very  truly  yours, 

TRAVIS   H.   WHITNEY, 
JHG/JCG  Secretary. 


Tribune  Building,  154  Nassau  Street, 
Borough  of  Manhattan,  City  of  New  York. 


STATE  OF  NEW  YORK, 


PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter 
of  the 
Form  of  Annual  Report  to  be  filed  by  STREET  AND  ELECTRIC  RAILROAD  V  ^ase  No._  ni8.  ^ 
CORPORATIONS  within  the  jurisdiction  of  the  Public  Service  Commission  for  I 
the  First  District  in  accordance  with  Section  46  of  the  Public  Service  Commis-  \ 
sions  Law.  I 


An  Order  having  been  duly  made  herein  on  June  18,  1909,  approving  and  prescribing  the  form  of 
annual  report  to  be  filed  by  Street  and  Electric  Railroad  Corporations  within  the  jurisdiction  of  the 
Public  Service  Commission  for  the  First  District,  and  application  having  been  made  in  behalf  of  the 
Receiver  of  the  Third  Avenue  Railroad  Company  for  an  extension  of  time  within  which  to  file  said 
report,   and   reasonable  ground  appearing  therefor,   it  is 

341 


ORDERED:  That  the  time  of  the  Third  Avenue  Railroad  Company  and  Frederick  W.  Whitridge, 
its  Receiver,  for  filing  said  annual  report,  be,  and  the  same  hereby  is,  extended  from  September  30, 
1909,    to    October    15,    1909. 

Travis  H.  Whitney,  Esq.,  Secretary,  New  York,  August  21st,  1909. 

Public  Service  Commission, 
154  Nassau  St.,  City. 
Dear  Sir: — 

I  beg  leave  to  acknowledge  receipt  of  your  favor  of  the  20th,  with  extension  order  :^  11 18, 
extending  time  for  filing  annual  reports  to.  October  15th,  1909. 

I  note  that  this  order  applies  only  to  the  Third  Avenue  Railroad  Co.  My  letter  of  August 
1 2th  asked  for  an  extension  for  the  42nd  Street,  Manhattanville  &  St.  Nicholas  Ave.  Railway 
Co. ;  Dry  Dock,  East  Broadway  &  Battery  Railroad  Co. ;  and  the  Union  Railway  Co.,  as  well 
as  the  Third  Avenue  Railroad  Co.  In  looking  over  the  papers,  I  see  that  the  verification  of  my 
letter  of  the  17th  refers  to  me  as  assistant  to  the  receiver  of  the  Third  Avenue  R.  R.  I  presume 
it  was  on  this  technicality  that  the  order  applies  only  to  said  road.  I  therefore  hand  you  here- 
with a  verified  request  for  a  similar  extension  of  time  for  filing  the  annual  reports  of  the  other 

three  roads. 

Yours  truly, 

Assistant  to  Receiver. 


Travis  H.  Whitney,  Esq.,  Secretary,  New  York,  August  21st,  1909. 

Public  Service  Commission,  , 

154  Nassau  St.,  City. 
Dear  Sir: — 

I  refer  to  my  letter  of  August  12th,  asking  an  extension  of  time  for  filing  the  annual  re- 
ports from  September  30th  to  October  15th,  and  your  reply  thereto  of  August  14th. 

In  response  to  a  verified  application  of  the  17th  inst.,  an  extension  was  granted  as  to  the 
Third  Avenue  Railroad  Co.,  but  no  mention  was  made  of  the  other  companies.  I  hereby  renew 
said  application  as  to  the  42nd  Street,  Manhattanville  &  St.  Nicholas  Ave.  Ry.  Co.,  Dry  Dock, 
East  Broadway  &  Battery  R.  R.  Co.,  and  Union  Railway  Co.,  in  accordance  with  Rule  25  of 
the  P.  S.  C. 

I  St.     We  are  working  on  these  reports  now. 

2nd.  At  this  season  of  the  year,  some  of  our  clerks  are  on  their  vacation.  The  work  of 
preparing  the  new  monthly  report  to  September  15th,  which  was  new  and  unexpected,  interferes 
with  other  work. 

3rd.     Mr.    Whitridge,   Receiver,   is   desirous  of  examining  these  reports. 

4th.  The  period  of  time,  for  which  the  extension  is  asked,  is  from  September  30th  to 
October  15th. 

I  desire  the  extensions  to  apply  both  to  the  receiver's  reports  and  to  the  reports  of  the 
companies.  Yours  truly. 

Assistant  to  Receiver. 
342 


Third    Avenue    Railroad    Company,  New    York,    August    23,    1909. 

R.    W.    Kelley,    Esq., 

Assistant  to  Receiver, 

130th    St.    &   3rd    Avenue, 
New    York    City. 

Dear  Sir: 

I  am  in  receipt  of  your  communication  of  the  21st  inst.,  containing  an  application  for  extension  of 
time  to   October   15th   for  filing  the  annual   report  of  the   following  companies : 

Dry  Dock,   East  Broadway  &  Battery  Railroad  Co. 

42nd    St.,    Manhattanville    &    St    Nicholas    Ave.  Ry.  Co. 

Union  Railway  Co. 

The  most  substantial  ground  for  making  the  application,  viz.,  the  absence  of  the  Receiver  from  this 
country,  is  not  stated  in  the  application,  but  may  be  inferred   from  your  third  paragraph. 

Permit  me  to  point  out  in  reference  to  the  second  paragraph  that  the  amount  of  work  involved  in 
preparing  the  new  monthly  report  is  inconsiderable  if  the  accounts  are  kept  strictly  in  conformity  with 
the   Commission's    Accounting   Order.  Very  truly  yours, 

TRAVIS   H.   WHITNEY, 
AFW/LER  Secretary. 

Frederick    W.    Whitridge,    Esq.,  New   York,   August  27,    1909. 

Receiver,    Union    Railway    Company, 
130th  Street  and  3d  Avenue, 
New  York  City,  N.  Y. 
Dear  Sir: 

Transmitted  herewith,  and  hereby  served  upon  you,  is  a  certified  copy  of  an  Order  in  Case  No.  11 18, 

adopted  by  this  Commission  at  its  meeting  to-day,  extending  to  October  15,   1909,  the  time  of  the  Union 

Railway   Company  et  al.    for  filing  the   annual   report  to  be  filed  by  street  and  electric  railroad  corporations, 

In    connection    with    your    acknowledgment    hereof,  I  beg  to  call  your  attention  to  the  provisions  of 

section   23   of   the   Public   Service   Commissions   Law. 

Very  truly  yours, 
JHG/JCG  TRAVIS  H.  WHITNEY, 

Secretarj'. 


TRIBUNE  BUILDING, 

154   Nassau   Street, 

BOROUGH    OF    MANHATTAN, 

CITY  OF  NEW  YORK. 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


In  the  Matter 

of  the 

Form  of  annual  Report  to  be  filed  by  STREET  AND  ELECI^RIC  RAILROAD 
CORPORATIONS  within  the  jurisdiction  of  the  Public  Service  Commission  for 
the  First  District,  in  accordance  with  Section  46  of  the  Public  Service  Commis- 
sions Law. 


Case  No.  11 18. 

Extension  Order. 

Dry  Dock.  East 
Broadway  and  Bat- 
tery Railroad  Com- 
pany, 42nd  Street, 
Manhattanville  and 
St.  Nicholas  Ave- 
nue Railway  Com- 
pany. Union  Railway 
Company. 


An    Order   having  been   duly  made   herein   on   June   18,    1909,  approving  and  prescribing  the   form   of 
annual    report   to   be   filed   by    Street   and   Electric   Railroad    Corporations    within    the    jurisdiction    of    the 

343 


Public    Service    Commission    for   the    First    District,  and   application   having  been   made   in  behalf   of  the 
Receiver  of  the   Dry   Dock,   East   Broadway  and   Battery   Railroad  Company,  the  42nd   Street,   Manhattan- 
ville    and    St.    Nicholas   Avenue    Railway    Company   and    the    Union    Railway    Company    for    an    extension 
of    time    within    which    to    file    said    report,    and    reasonable    ground    appearing   therefor. 
It    is 

ORDERED:  That  the  time  of  the  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company,  and 
Frederick  W.  Whitridge,  its  receiver,  the  42nd  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway 
Company,  and  Frederick  W.  Whitridge,  its  receiver,  and  the  Union  Railway  Company,  and  Frederick 
W.  Whitridge,  its  receiver  for  filing  said  annual  report  be,  and  the  same  hereby  is,  extended  from 
September   30,    1909,   to   October    15,    1909. 

Travis  H.  Whitney,  Esq.,  New  York,  August  30th,  1909. 

Secretary,    Public    Service    Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  beg  leave  to  acknowledge  and  thank  you  for  your  three  favors  of  the  27th  instant  enclos- 
ing Order  in  Case  qi^iiiS  and  extending  the  time  for  filing  the  annual  reports  of  the  42nd 
Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway  Company  and  the  Receiver  of  said 
Road,  the  Dry  Dock,  East  Broadway  &  Battery  Railroad  Company  and  the  Receiver  of  said 
Road,  and  the  Union  Railway  Company  and  the  Receiver  of  said  Road,  to  October  15th. 

Yours  truly, 

Assistant  to  Receiver. 


R.  W.  Kelley,  Esq.,  August  27,  1909. 

Assistant  to  the  Receiver, 
Third   Avenue   Railroad   Co., 
130th  Street  and  Third  Avenue, 
New   York  City. 
Dear  Sir: 

Under  date  of  August  nth,  Mr.  J.  O.  Foote,  299  Broadway,  communicated  to  this  Commission  his 
dissatisfaction  with  your  answer  to  his  complaint  of  July  30th,  regarding  the  service  furnished  at  the  134th 
Street  ferry.     He  stated  that  a  copy  of  the  letter  to  the  Commission  was  forwarded  to  you. 

Since  that  date  an  investigation  has  been  made,  the  result  of  which  shows  considerable  ground  for 
the  complaint  made  by  Mr.  Foote.  It  appears  that  it  does  frequently  happen  that  a  large  number  of 
passengers  arriving  on  the  ferry  are  compelled  to  wait  a  long  time  or  walk  to  138th  Street  to  get  a 
car.  It  is  undoubtedly  exasperating  under  such  circumstances  to  see  an  empty  car  depart.  The  obser- 
vations showed  that  all  cars  carrying  passengers  to  138th  Street  and  Locust  Avenue  were  sent  through  to 
134th  Street,  the  ferry  landing.  Cars  were  also  sent  through  to  the  ferry  landing  when  the  time  of  their 
arrival  at  138th  Street  approximated  the  scheduled  time  for  the  arrival  of  the  ferry  boat.  It  is  evident 
that  it  would  not  be  practicable  at  all  times  to  hold  the  cars  for  the  boat,  as  boats  do  not  invariably  arrive 
on  time.  It  was  noticed,  however,  that  cars  operating  from  134th  Street  stood  in  front  of  the  car  barns  for 
one  to  three  minutes.  It  seems  as  if  arrangements  might  be  made  to  instruct  the  conductors  of  cars 
going  to  the  ferry  as  to  the  length  of  time  that  they  should  stand  at  the  ferry  landing  and  make  such 
time  equivalent  to  the  stand  time  at  the  barns  so  that  they  would  be  able  to  depart  from  the  barns  on 
schedule  time  as  they  now  do.  The  object  of  this  suggestion  is  that  all  stand-time  possible,  at  about  the 
period  that  boats  are  expected,  be  taken  at  the  ferry  in  order  that  passengers  upon  arriving  there  may  be 
assured  of  connection. 

Please   inform  the  Commission   not   later  than   September  7th   as   to   what  you  are  able  to  accomplish 

in  the  direction  indicated. 

Yours  very  truly 

GFD/CWT  TRAVIS    H.    WHITNEY, 

C-3683  Secretary. 

344 


New  York,  August  31st,   1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  your  letter  of  the  27th  instant  in  respect  to  the  complaint  of  Mr.  J.  O.  Foote  re- 
garding the  service  on  the  138th  Street  Line.  I  hand  you  herewith  a  memorandum  of  the  Gen- 
eral Manager,  Mr.  E.  A.  Maher,  which  I  think  explains  the  situation,  and  I  trust  you  will 

find  same  satisfactory. 

Yours  truly, 

Enclosure:  i  Assistant  to  Receiver. 


August  30th,   1909. 
MEMORANDUM. 

Replying  to  Mr.  Whitney's  letter  of  August  27th,  regarding  the  service  on  our  138th 
Street  Line,  in  connection  with  the  operation  of  cars  to  the  134th  Street  Ferry,  we  desire  to 
state  that  it  is  true  that  all  cars  carrying  passengers  desiring  to  take  the  134th  Street  Ferry 
are  brought  to  the  terminus  of  the  Line  at  134th  Street  and  Locust  Avenue,  as  passengers 
remaining  in  the  cars  when  they  reach  138th  Street  and  Locust  Avenue  have  reached  a  point 
only  a  few  feet  from  the  terminal,  and  our  conductors  naturally  conclude  that  they  desire  to  go 
Southerly  on  Locust  Avenue  and  cars  are  sent  through  to  134th  Street. 

It  is  also  true  that  cars  sometimes  stop  in  front  of  the  Car  House,  bound  in  a  westerly 
direction;  but  that  is  only  in  cases  of  irregular  headways,  caused  by  blocks,  bridge  openings, 
etc.,  and  in  order  to  fill  up  and  maintain  our  regular  headway  so  as  to  comply  with  the  schedule 
approved  by  the  Public  Service  Commission,  it  is  necessary  for  us  at  times  to  switch  cars  back 
from  the  car  house  so  as  to  make  up  for  the  time  caused  by  the  delays  above  mentioned;  but 
this  is  only  done  when  there  is  a  car  at  some  point  on  the  line  between  the  car  house  and  the 
terminal,  a  distance  of  about  1,000  feet  straight  away. 

We  have  but  a  single  track  on  Locust  Avenue,  and  the  distance  from  138th  to  134th 
Street  is  about  1,200  feet.  If  we  should  be  compelled  to  operate  more  cars  than  we  now 
operate  to  the  terminal  at  134th  Street,  it  would  very  naturally  interfere  with  our  regular 
headway  upon  our  138th  Street  Line,  which,  as  the  Commission  well  knows,  is  one  of  the  most 
important  lines  we  have, 'and  by  all  means  our  principal  crosstown  line. 

The  statement  made  in  Mr.  Foote's  previous  letter,  as  to  the  headway  upon  which  the 
boats  are  operated,  is  not  in  accordance  with  their  time  table,  and  which  we  have  had  verified 
by  the  representatives  of  the  Ferry  Company. 

As  we  are  carrying  upwards  of  20,000  people  daily  upon  our  138th  Street  Line,  of  which 
number  only  a  small  percentage  use  the  Ferry  in  question,  it  would  appear  to  us  that  the  in- 
terests of  the  greater  number  should  be  served,  and  that  we  should  not  be  compelled  to  change 
our  present  service,  or  to  endeavor  to  operate  cars  running  upon  a  very  short  headway  in  con- 
nection with  a  Ferry  service,  the  trips  of  which  are  uncertain,  and  are  frequently  and  neces- 
sarily delayed  and  interfered  with  by  other  river  traffic. 

345 


Any  change  we  might  be  called  upon  by  the  Commission  to  make,  along  the  lines  suggested 
by  its  letter,  would  not  improve  the  service,  but  would  be  impracticable  and  unsatisfactory, 
and  it  would  be  impossible  to  maintain  our  present  schedule,  which  appears  to  be  entirely  satis- 
factory to  a  very  great  majority  of  our  patrons  using  the  line  in  question. 


New  York,  August  28,   1909. 


Frederick  W.   Whitridge,   Esq., 
Receiver,   Third  Avenue   Railroad  Co., 
130th  Street  and  Third  Avenue, 
New  York  City. 

Dear  Sir: 

Frequent  complaint  is  made  to  the  Commission  that  the  service  on  the  Kingsbridge  line  is  irregular 
and  insufficient. 

Investigations  made  by  our  inspectors  indicate  that  those  complaints  are  mainly  due  to  the  interfer- 
ences with  the  regular  schedules  caused  by  the  unusual  demands  for  service  by  the  baseball  crowds. 

On  August  loth  and  nth  observations  made  showed  that  the  irregularities  caused  by  switching  and 
storing  cars  from  i66th  Street  to  170th  Street,  threw  the  regular  schedules  out,  to  the  extent  of  delaying 
cars  in  some  instances,  6  to  8  minutes.  The  normal  running  time  between  Third  Avenue  and  Kingsbridge 
of  38  minutes  was  stretched  out  in  two  instances  to  50  minutes  and  in  the  case  of  8  other  cars,  from  40 
to  48  minutes. 

It  seems  that  the  public  is  justified  in  complaining  that  the  service  is  not  adequate  and  reasonable 
during  these  periods.  It  appears  also  that  without  a  siding  or  some  storage  track  at  or  near  the  ball  grounds 
it  must  be  impossible  to  maintain  anything  like  a  regular  headway. 

It  would  seem  from  some  correspondence  had  heretofore  on  the  subject  of  service  generally  on  the 
Kingsbridge  line  that  you  had  had  in  mind  some  plan  for  overcoming  the  difficulty,  possibly  the  installation 
of  a  side  track  for  storage  purposes. 

Will  you  please  inform  the  Commission  as  promptly  as  possible  whether  you  have  made  any  arrange- 
ments or  have  any  plans  in  view  for  laying  a  side  track  at  the  point  in  question. 

Yours  very  truly, 

GFD/CWT.  TRAVIS  H.  WHITNEY, 

C-3744.  Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  August  31st,  1909. 

Secretary,  Public  Service  Commission, 

Tribune   Building,    154   Nassau   Street, 

New  York  City. 
Dear  Sir: 

Regarding  the  complaints  as  to  the  service  on  the  Kingsbridge  Line,  in  which  it  is  claimed 
that  it  is  irregular  and  insufficient,  we  desire  to  state  that  the  irregularity  at  times  is  due  to 
circumstances  over  which  we  have  no  control,  on  account  of  the  conditions  prevailing. 

As  you  are  aware,  during  the  ball  games,  in  order  for  us  to  conveniently  and  properly  take 
care  of  our  patrons  who  desire  to  visit  these  games,  it  became  necessary  for  us  to  make  some 
changes  in  connection  with  the  operation  of  cars,  whereby  we  could  take  care  of  the  public 
after  the  games  were  over,  and  in  order  to  do  so  we  located  a  turnout,  or  cross-over,  between 
173rd  and  174th  Streets,  for  the  storage  of  special  cars. 

The  games  usually  start  about  4  :oo  P.  M.,  and  at  about  5  :oo  o'clock  we  begin  "to  store  cars 
on  the  Northerly  tracks  from  162nd  Street  to  174th  Street,  and  until  the  games  are  over  we  use 
the  Southerly  track  between  these  points  for  the  regular  car  service,  which  at  that  time  of  day, 

346 


cars  are  run  upon  a  seven  minute  headway,  and  in  view  of  this  headway  the  delays  to  the 
regular  cars  should  not  be  more  than  one  to  one  and  a  half  minutes  each  way. 

If  we  did  not  continue  during  the  ball  game  this  character  of  service,  it  would  mean  that 
we  should  be  compelled  to  run  our  special  cars  to  the  end  of  the  line  at  225th  Street,  and 
attempt  to  guess  when  they  should  return  so  as  to  reach  the  ball  grounds  in  time  to  accommo- 
date our  patrons  after  the  games  are  over. 

It  is  impossible  to  say  just  when  these  games  will  conclude,  as  the  time  varies  daily,  and 
if  we  should  keep  our  cars  upon  the  Southerly  track,  and  have  them  in  front  of  the  ball  grounds, 
it  would  mean  that  our  regular  service  would  be  entirely  blocked  until  such  times  as  the  games 
were  over  and  the  crowds  taken  care  of. 

Therefore,  we  have  adopted  what  we  regard  as  the  most  feasible  and  practical  plan  in 
storing  cars  within  sight  of  the  ball  grounds,  and  where  we  can  readily  tell  when  it  will  be 
necessary  to  have  them  ready  to  take  the  people  away. 

We  appreciate  that  there  is  some  delay  to  our  regular  Kingsbridge  service  on  days  when 
ball  games  are  under  way;  owing  to  the  number  of  cars  required  for  that  special  service,  and 
we  use  every  effort  to  get  the  crowd  away  as  rapidly  as  possible,  so  as  to  make  the  delays  as 
few  and  as  short  as  we  can;  but  under  the  circumstances  it  is  impossible  for  us  to  do  better 
than  we  are  doing. 

Upon  the  occasion  of  very  important  ball  games,  we  have  a  number  of  special  Inspectors 
and  Starters  upon  the  ground  for  the  purpose  of  seeing  to  it  that  the  cars  are  filled  and  sent 
away  promptly. 

We  should  be  very  much  pleased  to  improve  the  conditions  if  it  were  possible  to  do  so ;  but 

we  do  not  know  what  more  can  be  done,  than  we  are  already  endeavoring  to  do  in  the  direction 

of  good  service. 

Yours  very  truly, 

Assistant  to  Receiver. 


New  York,  September  4th,  1909. 
Frederick  W.  Whitridge,  Esq., 
Receiver,  3rd  Ave.  R.  R.  Co., 
130th   Street  and  Third  Avenue, 
New  York  City,   N.  Y. 

Dear   Sir : 

Transmitted  herewith  and  hereby  served  upon  you  is  a  certified  copy  of  an  Order  in  Case  No.  1142, 
adopted  by  this  Commission  at  its  meeting  on  August  27,  1909,  together  with  copies  of  the  forms  therein 
mentioned,    relating    to    the    giving    of    notice    of   accidents. 

Also  enclosed  herewith  are  two  copies  of  a  form  of  acknowledgment  of  the  Order,  one  of  which  is  to 
be  properly  filled  out,  signed  and  returned  to  this  office,  in  accordance  with  section  23  of  the  Public  Service 
Commissions  Law,  and  the  other  may  be  retained  for  your  files. 

Yours  truly, 
JHG/JCG  TRAVIS   H.   WHITNEY, 

Enc.  r  Secretary. 

347 


Tribune  Building,    154  Nassau   Street, 
Borough  of  Manhattan,   City  of  New  York. 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

IN  THE  MATTER 

of  the 

Notice  of  Accidents  to  be  given  by  every  Common  Carrier,  Railroad  Corporation)    Case  No.   1142. 
and  Street  Railroad  Corporation  subject  to  the  jurisdiction  of  the  Public  Service [        i'lhng  Order. 
Commission  of  the  State  of  New  York  for  the  First  District,  and  the  Investiga- 
tion of  Accidents. 

ORDERED:  That  every  railroad  corporation,  street  railroad  corporation  and  other  common  carrier 
over  which  this  Commission  has  jurisdiction,  is  hereby  required  to  give  notice  to  this  Commission  of  every 
accident  or  delay  to  traffic  happening  upon  any  line  or  route,  owned,  operated  or  leased  by  it,  in  the  fol- 
lowing manner: 

I.  Preliminary  notice  of  the  place  and  general  nature  of  the  accident  or  delay  shall  be  given  by  tele- 

phone immediately  after  its  happening,  or,  if  happening    after     11:00    o'clock    P.    M.,   then   at   8:00 
o'clock  A.   M.  the  following  day. 

II.  Such  notice  shall  be  followed  by  a  written  report  upon  each  accident  or  delay  coming  within  any 
one   of  the   following   four   classes : 

(i)  Accident  resulting  in   death  or  serious  injury  to  persons: 

(2)  Collision  resulting  in  serious  damage  to  equipment  or  to  vehicles; 

(3)  Derailment    of    elevated    or    subway   trains,  or  of  any  railroad  train,  car  or  engine; 

(4)  Any  interference  with,  or  stoppage  of,  traffic  upon  any  track  or  route  resulting  in  a  delay  of 
fifteen  minutes  or  over,  but  without  accident  in  conjunction  therewith  which  would  fall  in 
one  of  the  three  prior  classes. 

Any  accident  coming  within  classes  (l),  (2)  or  (3)  shall  be  reported  in  the  form  of  a  written 
statement   on    Form   T-20,   attached  to   and  hereby  made  a  part  of  this  order. 

Any  delay  coming  within  class  (4)  shall  be  reported  as  a  written  statement  on  Form  T-21,  at- 
tached to,   and   hereby  made   a  part   of  this  order. 

Such  written  reports  must  be  delivered  to  the  Commission  as  soon  as  possible,  and  within  not  more 
than  three  days  after  the  happening  of  the  accident  or  delay. 

III.  A  monthly  statement  shall  be  made  to  the  Commission  on  Form  T-22,  attached  to  and  hereby 
made  a  part  of  this  order,  by  every  common  carrier,  of  all  accidents  and  delays  occurring  upon 
any  line  or  route  owned,  operated,  controlled  or  leased  by  any  such  common  carrier.  This  statement 
shall  consist  of  a  classification,  according  to  their  nature,  of  all  accidents  and  delays,  including 
those  reported  by  telephone,  and  shall  be  forwarded  to  the  Public  Service  Commission  on  or  be- 
fore the  tenth  day  of  the  following  month.  This  statement  is  to  be  made  monthly,  even  if  no  ac- 
cidents or  delays  have  occurred,  in  which  case  a  proper  entry  should  be  written  across  the  face  of 
the  blank  form. 

IV.  Inspectors  of  this  Commission,  with  cards  of  identification  signed  by  the  Secretary  of  the  Commis- 
sion, shall  be  permitted  at  any  time  to  enter  upon  the  premises  of  any  such  common  carrier  for 
the  purpose  of  examining  any  car  or  equipment. 

V.  The  particulars  of  any  accident,  derailment,  or  delay  to  traffic  shall,  upon  request,  be  furnished 
immediately  by  any  such  common  carrier,  although  not  considered  "serious,"  and  therefore  not  re- 
ported by  the  company. 

This  order  is  to  take  effect  forthwith,  and  shall  continue  in  effect  until  the  further  Order  of  the  Com- 
mission. 


348 


New  York,   Sept.  9,   1909. 
PUBLIC  SERVICE  COMMISSION 

For  the  First  District. 
Sirs: 

F.  W.  Whitridge,  Rec'r.,  Forty-second  St.,  Manhattanville  &  St.  Nicholas  Ave.  Ry.,  the 
undersigned"  hereby  notifies  you  that  the  undersigned  has  received  a  certified  copy  of  the  order 
in  Case  No.  1142,  made  by  you  on  August  27,  1909,  together  with  the  forms  therein  men- 
tioned, relating  to  the  notice  of  accidents  to  be  given. 

R.  W.  KELLEY, 

Asst.  to  Recr. 


New  York,   Sept.  9,  ■  1909. 
Travis   H.   Whitney,   Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  beg  leave  to  acknowledge  receipt  of  your  four  favors  of  the  4th  instant  transmitting  a 
certified  copy  of  order  in  case  No.  1142,  as  applied  to  the  four  properties  of  which  Mr.  Whit- 
ridge is  the  Receiver.  I  have  given  instructions  that  the  terms  of  the  Order  be  complied  with 
so  far  as  it  can  be  reasonably  done.     I  enclose  acknowledgments  in  due  form. 

Yours  truly, 

Assistant  to  Receiver. 


New  York,  Sept.  9,  1909. 
MEMORANDUM : 

Four  copies  of  Order  1^1142  acknowledged  September  9th,  addressed  to  F.  W.  Whitridge 
as  Receiver  of  the  Third  Avenue  Railroad  Company,  42nd  Street,  Manhattanville  &  St.  Nich- 
olas Avenue  Railway  Company,  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company,  and 
Union  Railway  Company.  One  copy  with  papers  attached  filed  in  Mr.  Whitridge's  file.  The 
others  were  handed  to  Mr.  Maher  for  appropriate  action  as  to  its  observance  on  the  four  roads. 


New  York,  September  9,  1909. 
Third  Avenue  Railroad  Co., 

Union  Ry.  Co., 

New  York  City. 

Dear    Sir : 

Permit  me  to  call  your  attention  to  the  filing  order  in  Case  No.  1137  requiring  the  monthly  report  of 
street  railway  corporations  to  be  filed  with  the  Commission  within  six  weeks  after  the  close  of  the  month. 
The  last  day  of  the  period  allowed  for  filing  the  July  report  is  the  nth  inst.  and  corporations  not  filing 
such  report  on  or  before  the  nth  will  be  in  default,  unless  an  extension  of  time  for  cause  duly  sworn  has 
been  previously  obtained   from  the   Commission  in  accordance  with  Rule  XXVI. 

Very  truly  yours, 

TRAVIS  H.   WHITNEY, 
AFW/LER  Secretary. 

349 


Travis   H.   Whitney,   Esq.,  New  York,  September  lo,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  your  favors  of  the  9th  instant  in  regard  to  the  monthly  report  of  the  four  railroads 
covered  by  the  Receivership  of  Mr.  Whitridge.  Our  counsel,  Mr.  Bickford,  has  taken  up  this 
matter  and,  as  I  understand  it,  has  arranged  for  an  extension  of  time  for  filing  these  reports. 

I  have  not  yet  received  formal  notice  of  this  extension,  but  I  presume  it  is  all  right. 

Yours  truly. 

Assistant  to  Receiver. 


Travis  H.  Whitney,  Esq.,  New  York,  September  21,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

Replying  to  your  favor  of  the  9th  instant  regarding  complaint  of  the  Edgar   Construction 

Company,  2  West  88th  Street,  in  the  matter  of  noise  near  building,  1 1 1  Manhattan  Street,  I  am 

advised  that  the  noise  here  is  occasioned  by  the  condition  of  the  rails.     I  think  you  must  be 

aware  that  we  are  working  day  and  night  to  put  these  rails  in  the  best  condition  that  we  can 

under  the  circumstances.     Pending  reorganization  and  the  securing  of  money  for  the  purpose, 

we  cannot  put  in  new  rails. 

Yours  truly. 

Assistant  to  Receiver. 


Edgar  Construction  Company,  New  York,  September  21,  1909. 

2  West  88th  Street, 
New  York  City. 
Dear  Sirs: 

I  enclose  copy  of  my  letter  to  the  Public  Service  Commission  in  answer  to  your  complaint. 

Yours  truly. 
Enclosure:  Assistant  to  Receiver. 


R.  W.  Kelley,  Esq.,  New  York,  September  23rd,  1909. 

Asst.  to  the  Receiver,  3rd  Ave.  R.  R.  Co., 
130th  St.  &  Third  Ave.,  City. 
Dear  Sir: 

Referring  to  the  complaint  of  the  Edgar  Construction  Co.,  the  Commission  find  that  their  complaint 
is  well  grounded,  and  that  you  should  give  some  attention  to  the  repairs  and  maintenance  of  your  track  at 
III   Manhattan  St.  as  soon  as  possible. 

A  large  portion  of  this  noise  can  be  removed  by  doing  work  on  your  track  which  is  entirely  a  main- 
tenance charge. 

350 


Please  advise  the  Commission  when  you  will  be  able  to  make  such  repairs  at  this  point  as  will  remove 
the  cause  of  the  complaint.  Very  truly  yours, 

EGC/LEK  TRAVIS  H.  WHITNEY, 

Secretary. 


September  27th,   1909. 
Re:   PUBLIC   SERVICE  COMMISSION  TRACK   COMPLAINT   AT    in    MANHATTAN    ST. 

Mr.  E.  A.  Mahler, 

General  Manager. 
Dear  Sir: 

I   am   returning   herewith   letter  to   Mr.    Kelley   from   the    Public   Service   Commission,   dated   Septem- 
ber 23rd. 

I   examined  the  track  at  $111   Manhattan   Street   this   morning  and   find   that   there   is    one   very   bad 
joint  and   several  that   are  not  in  good   condition.     The  track  is  also  very  badly  corrugated. 

I  will  arrange  to  shift  our  track  filing  gang  at  this  location,  and  after  this  week  when  the  Hudson- 
Fulton  Celebration  is  completed,  we  will  put  a  gang  at  this  location  repairing  joints. 

Yours  very  truly, 

E.  M.  T.  RYDER. 

Engineer  Maint.  of  Way. 


Travis  H.  Whitney,  Esq.,  New  York,  September  28,  1909. 

Secretary,   Public  Service  Commission, 
154  Nassau  Street,  City. 
Dear  Sir: 

I  have  your  favor  of  the  23rd  instant  in  the  matter  of  the  complaint  of  the  Edgar  Con- 
struction Company  as  to  condition  of  track  near  iii  Manhattan  Street.  During  the  Hudson- 
Fulton  Celebration  we  are  bending  all  our  energies  to  the  handling  of  the  traffic.  As  soon  as 
this  is  over  we  will  have  a  gang  of  men  repair  the  track  at  the  above  point. 

Yours  truly, 

Assistant  to  Receiver. 


TRIBUNE  BUILDING, 

154  Nassau  Street, 

BOROUGH    OF    MANHATTAN, 

CITY   OF   NEW   YORK. 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


In  the  Matter 
of 

Monthly   Reports   of   Street   Railway   Operations. 


^Case  No.  1137. 
Extension  Order. 


Application   in   writing  having  been  made   in  behalf    of    the    hereinafter    named    companies    for    an 
extension  of  the  time  to  file  the  report  hereinafter  described,    it    is 

351 


ORDERED:  That  the  time  of  the  Third  Avenue  Railroad  Company,  and  Frederick  W.  Whitridge, 
its  Receiver;  the  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company  and  Frederick  W.  Whitridge, 
its  Receiver;  the  Forty-second  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railroad  Company  and 
Frederick  W.  Whitridge,  its  Receiver;  the  Union  Railway  Company  and  Frederick  W.  Whitridge,  its 
Receiver;  and  the  Kingsbridge  Railway  Company  for  filing  the  statements  of  operating  expenses  and 
income  deductions  of  their  respective  reports  of  operations  during  the  month  of  July,  1909,  which  reports 
are  required  to  be  filed  by  the  Filing  Order  duly  adopted  in  the  above  entitled  matter  on  July  13,  1909, 
be,  and  the  same  hereby  is,  extended  to  October  10,  1909. 


New  York,  September  16,  1909. 
James    N.    Wallace,    Esq., 
54   Wall    Street, 

New    York    City. 
Dear    Sir : 

I  enclosed  herewith  a  set  of  papers  relating  to  the  proposed  double  decking  of  the  Lexington 
Avenue  Subway  concerning  which  Mr.  Butler  of  this  office  spoke  to  you  yesterday.  This  set  consists 
of  a  circular  letter,  form  of  consent  and  form  of  refusal. 

Very  truly  yours, 
HAB/LEN.  •  *        LEROY  T.  HARKNESS, 

Enc.  Assistant  Counsel 


54   Wall    Street,    Sept.    17th,    1909. 
F.  W.  Whitridge,  Esq., 

Receiver,   Third   Avenue   R.   R.    Co., 

59  Wall   Street,   New   York. 

Dear   Sir : 

At  Mr.  Wallace's  direction,  I  am  enclosing  herewith  letter  and  pa'pers  received  from  Mr.  Le  Roy 
T.  Harkness,  Assistant  Counsel  to  Public  Service  Commission,  re-proposed  double  decking  Lexington  Avenue 
Subway. 

Mr.   Wallace  has   informed   Mr.   Harkness  that  the  matter  has  been  referred  to  you  for  consideration. 

Yours  very  truly, 

F.  L.  BABCOCK, 

Secretary. 


New  York,  September  21,  1909. 
Mr.  F.  L.  Babcock, 

54  Wall  Street, 

New  York  City. 

Dear  Sir: 

I  beg  leave  to  acknowledge  your  favor  of  the  17th  instant  with  enclosures,  in  regard  to  the 
consent  to  double-decking  Lexington  Avenue  Subway. 

I  am  not  prepared  to  make  any  recommendation  in  regard  to  this,  and  I  have  advised  the 
Commission  that  I  shall  have  to  let  it  rest  for  Mr.  Whitridge's  personal  consideration. 

Yours  truly, 

Assistant  to  Receiver. 
352 


Robert    W.    Kelley,    Esq.,  New    York,    September    i6,    1909. 

Assistant   to   the    Receiver, 

Third   Avenue   Railroad    Company, 
130th   Street  and  Third  Avenue, 
New  York  City,  N.  Y. 
Dear    Sir  : 

In  accordance  with  the  suggestion  you  made  to  Mr.  Butler  of  this  office,  who  called  on  you  Tuesday 
with  regard  to  obtaining  the  consent  of  Mr.  Whitridge,  as  Receiver  of  the  Third  Avenue  Railroad 
Company,  to  the  proposed  double  decking  of  the  Lexington  Avenue  Subway,  I  had  the  matter  taken 
up  yesterday  with  Mr.  James  N.  Wallace,  Chairman  of  the  Bondholders'  Committee.  Mr.  Wallace 
stated  that  it  would  be  impossible  for  the  Committee  to  act  upon  the  matter  until  you  had  formally 
laid  the  matter  before  them  for  action  and  had  made  a  recommendation  to  them  as  to  whether  the 
consent  should  be  granted  or  withheld.  As  soon  as  that  is  done,  he  will  call  a  meeting  of  the  Com- 
mittee and  act  upon  the  matter  at  once. 

As  the  Commission  is  now  nearly  ready  to  advertise  the  road  for  bids,  but  cannot  do  so  until  the  matter 
of  consents  is  finally  determined,  I  should  appreciate  your  courtesy  in  taking  up  this  matter  with  Mr. 
Wallace  as  soon  as  you  conveniently  can. 

I  enclose  herewith  for  your  use  a  set  of  the  papers  which  were  sent  to  the  property  owners  aflFected 
by  the   double  decking,  consisting  of 
(i)  Circular  letter. 

(2)  Form    of   consent. 

(3)  Form  of  refusal. 

(4)  Stamped   return   envelope. 

Very  truly  yours, 
HAB/LEN.  LEROY  T.  HARKNESS, 

Enc.  Assistant    Counsel. 


Leroy  T.  Harkness,  Esq.,  New  York,  September  21,  1909. 

Assistant  Counsel,  Public  Service  Commission, 
154  Nassau  Street,  City.  . 
Dear  Sir: 

Replying  to  your  favor  of  the  i6th  instant,  I  spoke  of  this  matter  to  Mr.  Whitridge,  as 
the  papers  came  just  as  he  was  leaving  and  he  did  not  express  any  opinion  on  it,  other  than  to 
refer  it  to  the  Bondholders'  Committee.  I  do  not  know  what  his  attitude  in  the  matter  will  be 
and  I  do  not  want  to  decline  to  make  the  recommendation  you  desire. 

I  think,  therefore,  I  shall  have  to  let  this  matter  rest  for  the  personal  attention  of  Mr.  Whit- 
ridge himself  upon  his  return  early  in  October. 

I  suppose  the  consent  of  the  owners  of  this  particular  piece  of  property,  makes  no  great 

difference  one  way  or  the  other. 

Yours  truly, 

Assistant  to  Receiver. 


Mr.   Frederick  W.   Whitridge,  New  York,  September  30th,  '09. 

Receiver,   Dry   Dock  &   E.    B'way   Ry.   Co., 
65th   Street  &  3rd  Avenue, 
New   York   City. 
Dear  Sir:— 

The  Commission  now  receives  from  the  Brooklyn  Rapid  Transit  and  the  Receivers  of  the  Metro- 
politan Street  Railroad  Companies  a  daily  statement  of  trips  operated  across  the  Brooklyn  and  Williams- 
burg Bridges  during  the  24  hours  by  hours.     In  these   statements   all   of  the   lines  traversing  the   Bridges 

353 


are  covered,  except  the  Grand  Street  and  Post  Office  lines  operated  by  the   Dry  Dock  and  East  Broadway 
Railroad   Company. 

Will  you  please  furnish  the  Commission  daily  with  a  similar  statement  covering  the  operation  of  these 
two  lines?  Very  truly  yours, 

TRAVIS    H.   WHITNEY, 
DLT/AJC.  Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  October  4th,   1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir: 

I  have  yours  of  the  30th  ultimo,  asking  if  I  will  furnish  the  Commission  daily  with  state- 
ments of  the  trips  operated  across  the  Brooklyn  and  Williamsburg  Bridges,  of  the  two  lines 
controlled  by  the  Dry  Dock,  East  Broadway  and  Battery  Railroad.  I  shall  be  happy  to  furnish 
you  those  statements. 

I  find,  however,  that  my  Auditor's  Department  is  very  much  behindhand  and  in  some  con- 
fusion over  the  preparation  of  the  monthly  and  quarterly  reports.  The  monthly  reports  re- 
quired by  your  Commission  are  too  onerous  for  my  force  as  at  present  constituted,  and  if  the 
Commission  are  not  likely  to  change  their  rules  in  that  respect,  I  have  told  the  Auditor  this 
morning  that  we  must  employ  additional  assistance,  and  until  I  am  able  to  find  one  or  two 
satisfactory  men  I  may  be  a  little  delayed  about  these  matters. 

,  ~-  Yours  truly, 

934  '  .  Receiver. 


John  Wimmer, 

661   Jefferson   Place, 

Bronx. 

The  Public  Service  Commission, 

City  of  New   York. 
Gentlemen : 

I  beg  to  complain  to  you  of  a  very  silly  and  dangerous  performance  constantly  enacted  by  the  em- 
ployees of  the  Union  Railway  Co.  at  the  circle  at  Third  Avenue  Bridge.  A  car  reaches  the  circle  loaded 
with  passengers.  The  motorman  habitually  refuses  to  open  the  front  gates  to  either  let  on  or  let  off 
passengers.  The  result  is  that  by  the  time  the  car  is  emptied  the  starter  blows  his  whistle  for  that  car  to 
go  ahead.  The  people  that  want  to  get  on  are  in  a  wild  scramble  to  board  the  car  and  the  starter  blows 
his  whistle  again  and  upbraids  the  conductor  for  not  starting  when  he  got  the  first  signal.  In  desperation 
the  conductor  pulls  the  bell  while  passengers  are  struggling  to  get  aboard  and  the  result  needs  no  descrip- 
tion. It  is  only  a  matter  of  time  when  this  performance  will  lead  up  to  disaster.  I  have  seen  this  thing 
repeatedly.  On  some  occasions  I  have  seen  women  separated  from  their  children,  some  on  and  some  off, 
the  conductor  stopping  half  a  block  from  the  circle  to  put  them  off  again.  On  other  occasions  I  have  seen 
persons  actually  fall  as  a  result.  On  another  occasion  when  a  car  came  down  unusually  loaded  it  took 
so  long  to  empty  that  the  starter  had  blown  twice  for  it  to  start  again.  Persons  were  hustled  off  in  a 
shameful  manner  and  the  excited  conductor  started  his  car  without  taking  a  passenger  aboard.  This 
evening  the  same  thing  happened  again  on  a  West  Farms  car.  The  car  was  started  when  I  had  placed  one 
foot  on  the  platform  and  persons  behind  me  did  not  have  any  chance  to  get  aboard. 

If  the  company  were  compelled  to  open  the  front  gates  of  the  car  so  that  persons  could  enter  or 
leave  by  both  gates  the  matter  would  be  remedied,  but  they  refuse  to  do  so. 

If  you  will  detail  some  one  to  watch  those  cars,  especially  during  rush  hours,  you  will  find  that  I 
have  not  exaggerated  my  complaint.  Very  respectfully, 

(Signed)    J.    WIMMER. 
354 


Travis  H.  Whitney,  Esq.,  New  York,  October  8th,  1909. 

Secretary,   PubHc  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  4th  instant  enclosing  complaint  of  J.  Wimmer  and  in  reply  thereto  I 
beg  to  submit  herewith  a  memorandum  from  our  General  Manager  in  respect  to  the  same. 

In  addition  thereto,  I  may  say  that  I  am  advised  that  the  practice  of  having  the  cars  open 

at  both  ends  was  tried,  but  was  discontinued  some  years  ago  in  consequence  of  the  frequency  of 

the  accidents  which  occurred  through  having  the  crush  at  times  of  congestion  at  both  ends  of 

the  car  instead  of  one.     That  practice  was  then  abandoned  for  the  present  one.    It  is  very  rare 

that  there  is  any  great  congestion  at  this  point,  and  I  should  think  that  Mr.  Wimmer's  account 

of  what  he  saw  was  rather  highly  colored,  and  that  it  is  of  interest  to  note  that  during  the 

crush  of  the  Celebration  week,  which  has  never  been  exceeded,  there  was  not  a  single  accident 

at  this  point. 

Yours  truly, 

Receiver. 


MEMORANDUM. 

Regarding  the  complaint  of  John  Wimmer  of  661  Jefferson  Place,  made  to  the  Public  Service  Com- 
mission, as  to  the  methods  adopted  for  the  transportation  of  passengers  at  the  terminus  of  the  Union  Rail- 
way tracks,  at  128th  Street  and  Third  Avenue,  we  desire  to  state  that  the  present  method  has  been  in 
operation  for  a  number  of  years,  and  is  regarded  as  the  safest  and  best  means  for  permitting  passengers 
to  board  and  alight  from  our  cars. 

If  we  should  permit  the  Motormen  to  open  the  front  gates,  it  would  leave  passengers  upon  that  end 
of   the   car   without   protection,   and   would   cause   confusion  and  possibly  accidents. 

It  has  been  our  rule  not  to  permit  passengers  to  board  or  alight  from  the  Motorman's  end  of  car, 
and  our  exnerience  is  that  this  practice  means  less  accidents,    and   less    opportunities    for   them. 

The  terminus  at  128th  Street  is  a  very  important  and  busy  one,  and  at  times  passengers  attempt  to 
board  cars  before  those  wishing  to  alight  have  had  an  opportunity  of  doing  so,  and  which  results  in  con- 
fusion ;  but  if  we  should  allow  passengers  to  board  from  both  ends  of  the  car,  and  those  on  the  car  to 
alight   at   the   same   time,   the   result   would   mean   unsatisfactory   service   and   numerous    accidents. 

The  present  method  of  operation  has  been  one  of  careful  study  upon  the  part  of  the  Company's  offi- 
cials, and  to  change  it  would  not  improve  the  service  and  would  increase  the  danger  of  operation. 

E.  A.  M. 


J.  Wimmer,  Esq.,  New  York,  October  8,  1909. 

661  Jefferson  Place, 
Bronx. 
Dear  Sir: 

I  send  you  herewith  a  copy  of  my  answer  to  the  Public  Service  Commission  in  respect  to 

your  recent  complaint  to  them. 

Yours  truly, 

Enclosures:  Receiver. 

355 


Mr.  F.  W.  Whitridge,  N.  Y.  C,  Oct.  8th,  1909. 

Receiver,  130th  St.  &  3rd  Ave., 
New  York  City. 
Dear  Sir: — 

In  reference  to  my  complaint  about  the  poor  method  of  handling  passengers  at  Third  Avenue  Bridge, 
by  the  Union  Railway,  I  beg  to  say  that  depending  on  the  reports  of  others  you  cannot  get  the  real 
facts.  Motormen  and  Conductors  are  not  reliable  sources  of  information  in  matters  of  this  particular  kind. 
I  have  seen  exactly  what  I  described,  and  when  the  car  was  started  on  me  with  one  foot  on  the  step  and 
a  number  of  persons  behind  me  trying  to  get  on  I  remonstrated  with  the  conductor  and  all  he  would  say 
was  that  he  got  the  whistle  to  start. 

By  your  unfair  characterization  of  my  complaint  as  a  "highly  colored  statement"  you  have  only  com- 
pelled me  to  fortify  myself  with  witnesses  to  the  next  occurrence  of  this  kind.  I  know  that  I  shall  be 
able  to  prove  my  statement  through  them,  for  according  to  your  decision  to  do  nothing  further  in  refer- 
ence to  it,  it  is  going  to  occur  again,  and  when  it  does  you  shall  know  it. 

Yours  very  truly, 

J.  WIMMER. 

Mr.  J.  Wimmer,  New  York,  October  9th,  1909. 

661  Jefferson  Place, 
Bronx. 
My  dear  Sir: 

I  have  yours  of  the  8th  instant.  I  do  not  wish  to  be  unfair  in  any  way,  and  I  have  no 
doubt  that  there  are  times  when  there  is  inconvenience  in  loading  and  unloading  the  cars  in  the 
plaza  opposite  this  office.  I  feel  tolerably  confident  that  the  accidents  are  fewer  under  the  present 
rule  than  they  were  before  it  was  changed.  I  do  not,  at  least,  dispute  any  statements  which 
you  may  make,  and  I  shall  be  glad  of  your  assistance  in  considering  the  matter  at  any  length  and 
at  any  time,  but,  on  the  other  hand,  I  think  you  ought  to  consider  that  our  experience  at  the 
time  the  cars  were  operated  as  I  understand  you  now  wish  them  to  be  operated,  is  of  some 
value. 

If  you  should  happen  to  be  investigating  the  thing  some  morning,  won't  you  come  in  and 

see  me?    I  shall  be  glad  to  talk  with  you. 

Yours  very  truly, 

Receiver. 

Mr.  R.  W.  Kelley,  New  York,  October  5,   1909. 

Assistant  to  the  Receiver, 

Third   Avenue   R.   R.   Co., 
New   York   City. 
Dear  Sir: 

Will  you  please  grant  a  permit  to  Mr.  Dodd,  one  of  our  Electrical  Engineers,  to  enter  your  sub-station 
to  read  the  ammeters  on  the  Metropolitan  feeders  supplying  Williamsburg  Bridge  during  the  rush  hour  in 
the  evening  on  some  day  to  be  determined  later. 

Very  truly  yours, 
EGC/OH  TRAVIS  H.  WHITNEY, 

Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  October  7,   1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 
Dear  Sir: 

I  have  your  letter  of  the  5th  addressed  to  Mr.  Kelley,  asking  if  we  will  grant  a  permit 
to  Mr.  Dodd,  to  read  the  ammeters  on  the  Metropolitan    Feeders    supplying    the    Williamsburg 

356 


Bridge  during  the  rush  hour  in  the  evening  on  some  day  to  be  determined  later.  I  shall  be  very 
happy  to  grant  the  permit  for  whatever  day  you  may  determine,  if  you  will  inform  we  what 
it  is.  Yours  truly, 

Receiver. 

Frederick  W.  Whitridge,  Esq.,  New  York,  October  6,  1909. 

Receiver,  Union  Railway  Company, 
0  204  East  128th  Street, 

New  York  City,  N.  Y. 
Dear   Sir : — 

Transmitted  herewith,  and  hereby  served  upon  you,  is  a  certified  copy  of  an  Order  in  Case  No.  1168, 
adopted  by  this  Commission  at  its  meeting  on  October  i,  1909,  directing  a  hearing  as  to  the  cause  of  an 
accident  on  the  street  railroad  of  the  Union  Railway  Company  at  or  near  167th  Street  and  Sedgwick 
Avenue. 

In  connection  with  your  acknowledgment  hereof,  I  beg  to  call  your  attention  to  the  provisions  of  sec- 
tion 23  of  the  Public  Service  Commissions  Law. 

Very  truly  yours, 

JHG/JCG  TRAVIS    H.    WHITNEY, 

Enc.  ,  Secretary. 

* 

STATE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter 

of  the 

Investigation  of  the   Commission   as  to  the  cause  of  the  accident  on  the  street  \      Hearing  Order 
railroad  of  the  UNION   RAILWAY   COMPANY  at   or  near   167th   Street   and  ' 
Sedgwick  Avenue,  in  the  City  of  New  York,   Borough  of  The  Bronx,  on   Sep- 
tember 21,  1909,  which  resulted  in  the  death  of  one  James  Reynolds. 

The  Commission  being  of  opinion  that  the  cause  of  the  accident  on  the  street  railroad  of  the  Union 
Railway  Company  at  or  near  167th  Street  and  Sedgwick  Avenue,  in  the  City  of  New  York,  Borough 
of  The  Bronx,  on  September  21,  1909,  which  resulted  in  the  death  of  one  James  Reynolds,  requires  in- 
vestigation,  it   is 

ORDERED :  That  for  the  purpose  of  said  investigation  a  hearing  be  had  on  the  8th  day  of  October, 
1909,  at  2:30  o'clock  in  the  afternoon  or  at  any  time  or  times  to  which  the  same  may  be  adjourned,  at 
the  rooms  of  the  Commission,  No.  154  Nassau  Street,  Borough  of  Manhattan,  City  of  New  York,  and 
that  the  Union  Railway  Company  and  Frederick  W.  Whitridge,  its  receiver,  be  given  at  least  one  day's 
notice  of  said  hearing  by  service  either  personally  or  by  mail  of  a  certified  copy  of  this  order  and  that  at 
said  hearing  said  company  and  said  receiver  be  afforded  all  reasonable  opportunity  for  presenting  evidence 
and   examining  and  cross-examining  witnesses   as   to  the  cause  of  said  accident. 

Travis  H.  Whitney,  Esq.,  New  York,  October  8th,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear   Sir : 

Referring  to  the  correspondence  with  Mr.  Harkness  during  my  absence,  in  respect  to  consent 

to  the  construction  of  the  Lexington  Avenue  Subway,  I  return  to  you  herewith  the  forms  and 

have  to  say  that  if  you  will  fill  out  the  form  of  consent  exactly  as  you  wish  me  to  sign  it,  I 

shall  be  happy  to  execute  it. 

Yours  truly, 

Enclosures:  Receiver. 

.357 


New  York,  October   ii,   1909. 
Frederick  W.   Whitridge,   Esq., 

Receiver,   Third   Avenue   Railroad   Co., 
130th  Street  and  Third  Avenue, 
New    York    City. 
Dear  Sir: 

I  desire  to  acknowledge  the  receipt  of  your  letter  of  October  8th,  addressed  to  Mr.  Whitney,  Secre- 
tary to  the  Commission,  referring  to  the  correspondence  with  Mr.  Harkness  during  your  absence  in  re- 
spect to  the  Lexington  Avenue  Subway,  and  stating  that  if  we  would  fill  out  the  form  of  consent  to  the 
proposed  double-decking  of  this  subway  you  would  be  kind  enough  to  execute  it.  Accordingly,  I  enoiose 
herewith  a  form  of  consent  filled  out  as  you  suggest.  I  also  enclose  a  copy  of  this  consent  for  your  files 
and  return  the  circular  letter  explaining  the  nature  of   the   modification. 

I  desire  to  state  for  your  information  that  the  Commission,  having  failed  to  obtain  the  required 
number  of  property  owners'  consents  to  the  double-deck  plan,  on  October  8th  instituted  a  proceeding  in 
the  Supreme  Court,  Appellate  Division,  First  Department,  for  the  appointment  of  three  commissioners  to 
determine  and  report  whether  certain  portions  of  the  Lexington  Avenue  Subway  should  not  be  constructed 
as  a  double-deck  structure.  The  report  of  these  commissioners,  if  in  favor  of  the  double-deck  plan,  when 
confirmed   by  the  Court,   will  be  taken  in  lieu  of  the  property  owners'  consents. 

Very  truly  yours, 
HAB/WEH.  H.  A.  BUTLER, 

Enc.  •  Assistant  Counsel. 


New  York,  October  13th,  1909. 
H.  A.  Butler,  Esq., 

Assistant  Counsel, 

Public   Service   Commission, 

154  Nassau  St.,  City. 

My  dear  Sir: 

I  have  yours  of  the  nth  and  return  herewith  the  consent,  which  you  were  good  enough  to 

send  me,  duly  executed. 

Yours  truly, 

Enclosure :  Receiver. 


TO  THE  PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT: 

Refering  to  the  modification  of  the  general  plan  of  construction  of  the  proposed  Lexington  Avenue 
Rapid  Transit  Railroad  which  was  adopted  by  the  Public  Service  Commission  for  the  First  District  by 
resolutions  of  May  21,  1909;  and  referring  also  to  the  maps  and  drawings  adopted  by  the  Public  Service 
Commission  for  the  First  District  as  showing  the  modification  of  the  said  general  plan,  which  modification 
of  such  general  plan,  maps  and  drawings  were  thereafter  transmitted  by  the  Public  Service  Commission 
for  the  First  District  to  the  Board  of  Estimate  and  Apportionment  of  The  City  of  New  York,  and  were 
on  the  4th  day  of  June,  1909,  duly  approved  by  the  said  last  named  Board,  and  were  on  the  8th  day  of 
June,  1909,  duly  approved  by  the  Mayor  of  The  City  of  New  York,  copies  of  which  modification  of  the  general 
plan,  maps  and  drawings  are  on  file  in  the  offices  of  the  Public  Service  Commission  for  the  First  District 
and  the   Board   of  Estimate  and   Apportionment; 

Now  I,  the  undersigned,  Frederick  W.  Whitridge,  as  Receiver  of  the  property  of  The  Third  Avenue 
Railroad  Company,  mortgaged  and  pledged  under  its  First  Consolidated  Mortgage,  dated  May  15,  1900,  being 
the  owner  of  property  bounded  on  that  portion  of  the  street  and  highway  under  which  it  is  proposed  to 
construct  and  to  operate  the  modified  part  of  such  railroad  in  .accordance  with  the  modification  of  such 
general  plan  in  the  Borough  of  Manhattan,  the  City  of  New  York,  known  as  Section  6,  Lot  Number  20, 
Block  Number  1778,  on  the  Block  Map  of  Taxes  and  Assessments  in  said  Borough  in  the  year  1908,  do 
hereby  consent  to  the  construction  and  operation  of  such  Rapid  Transit  Railroad  in  accordance  with  such 
modification. 

3S8 


But  it  is  hereby  expressly  understood  and  agreed  that  this  consent  is  given  upon  the  express  condition 
that  it  shall  not  be  construed  to  affect  whatever  legal  right  the  undersigned,  or  the  legal  representatives 
or  assigns  of  the  undersigned  may  have  to  recover  compensation  from  The  City  of  New  York,  or  from 
any  other  corporation  or  person,  for  any  damage  which  may  accrue  by  reason  of  the  construction,  main- 
tenance or  operation  of  said  railroad  in  front  of  the  above-described  property,  the  right  to  and  extent  of 
such   compensation   and   the   enforcement   of   any   claim  therefor  being  wholly  unaffected  by  this  instrument. 

Dated,  the   13th  day  of  October,   1909. 

[L.  S.] 
[L.  S.] 

as  Receiver  of  the  property  of  The  Third  Avenue 
Railroad  Company,  mortgaged  and  pledged  under  its 
First   Consolidated   Mortgage,   dated  May  15,   1900. 

Frederick  W.  Whitridge,  Esq.,  New  York,  October  14,  1909. 

Receiver,    Third   Avenue    Railroad    Company, 
130th   Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir: 

I  desire  to  acknowledge  with  thanks  the  receipt  of  your  letter  of  October  12  enclosing  your  consent  as 
Receiver  to  the  proposed   double  decking  of  the   Lexington   Avenue   Subway. 

Very  truly  yours, 

H.  A.  BUTLER. 

Assistant  Counsel. 

October  7,    1909. 
Wm.  R.  Willcox,  Esq.,  Chairman,  699  Jackson  Ave.,  N.  Y, 

Public  Service  Commission, 

154  Nassau   Street,   N.  Y. 
Dear  Sir: 

I  desire  to  draw  your  attention  to  an  apparent  rule  of  the  Union  Railway  Company,  on  their  cross- 
town  branch  at  138th  Street,  running  East,  as  follows : — When  paying  fare,  if  the  conductor  is  requested 
to  deliver  a  transfer,  he  ignores  the  request  and  if  pressed  for  a  transfer  at  the  time  of  paying  fare  he 
refuses  to  hand  one  to  you  until  every  fare  in  the  car  is  collected  or  until  they  reach  a  certain  point  on  the 
road,  a  thing  which  causes  disputes,  arguments  and  also  congestion.  I  will  cite  one  especial  instance 
of  this  kind : — On  car  arriving  at  Third  Avenue  and  138th  Street  at  6  P.  M.,  Sept  24,  Conductor  #443, 
I  had  the  unpleasant  experience  of  being  denied  a  transfer  at  the  time  of  paying  the  fare,  although  I  in- 
sisted upon  same,  and  I  did  not  receive  the  transfer  until  I  left  the  car  at  138th  Street  and  Third  Ave- 
nue, although  I  entered  the  car  at  135th  Street  and  Eight  Avenue.  There  are  a  great  many  complaints  re- 
garding this  rule  and  I  submit  my  complaint  to  you  for  the   consideration   of  your   honorable   Board. 

Trusting  to  hear  from  you  in  this  matter,  I  am. 

Very  truly  yours, 

(Signed)     EDWARD  A.   BAER. 

Travis  H.  Whitney,  Esq.,  New  York,  October  9th,   1909. 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  Dear  Sir: 

I  have  yours  of  the  8th  instant  enclosing  complaint  of  Edward  A.  Baer.     The  occurrences 

which  he  relates  as  having  occurred  on  the  crosstown  branch  of  the  Union  Railway  at  138th 

Street,  are  in  flat  violation  of  the  rules  of  the  Company.     I  will  see  that  the  conductor  who  is 

said  to  have  been  guilty  in  this  particular  case  is  properly  reprimanded. 

Yours  truly, 

Receiver. 
359 


Edward  A.  Baer,  Esq.,  New  York,  October  9th,    1909. 

699  Jackson  Avenue, 
New  York  City. 
Dear  Sir: 

The   Public   Service  Commission  has   forwarded  to  me  your  complaint  of  October  7th  and 
I  send  you  herewith  copy  of  my  reply  thereto. 

Yours  truly. 

Enclosure :  •  .  Receiver. 


Frederick   W.    Whitridge,    Esq.,  New    York,    October    ii,    1909. 

Receiver  Union   Railway   Co., 

Third  Avenue  and   130th   Street, 
New  York   City. 
Dear  Sir: 

Will   you   please   inform  the   Commission   whether  a  copy  of  your  answer,  dated  October  9th,  to  the 
complaint  of   Edward  A.   Baer,   was   furnished  to  the  complainant. 

Yours  very  truly, 
GFD/CWT  TRAVIS   H.    WHITNEY, 

C-3824  Secretary. 


Travis  H.  Whitney,  Ksq.,  New  York,  October  12th,  1909. 

Secretary,  Public  Service  Commission, 
New  York  City. 
Dear  Sir: 

I  have  your  letter  of  the  nth.     A  copy  of  my  reply  to  the  complaint  of  Edward  A.  Baer 
was  mailed  to  the  complainant  on  the  9th  instant. 

Yours  truly. 

Receiver. 


Frederick  W.  Whitridge,  Esq.,  New   York,   October   13,   1909. 

Receiver,  Union  Railway  Co., 

Third  Avenue  and  130th  Street, 
New  York  City. 
Dear  Sir: 

For   your   information    I   quote   a   communication   from  Edward  A.  Baer  with  reference  to  his  com- 
plaint of  October  7th. 


"699  Jackson  Ave., 

"Oct    II,    1909. 
"Mr.   Wm.   R.   Willcox,   Chairman, 

"Public  Service  Commission, 
"154  Nassau  Street,  N.  Y. 
"Dear   Sir: 

"I  am  in  receipt  of  your  reply  to  my  communication  to  you  of  Oct.  7,  regarding  the  issuing  of  trans- 
fers on  the  138th  Street  crosstown  branch  of  the  Union  Railway  Company;  also  in  receipt  of  a  copy  of  the 
Union  Railway  Company's  reply  to  you  regarding  this  matter.    I  desire  to  say  that  the  reply  of  the  Union 

360 


Railway  Company  is,  according  to  the  actions  of  every  conductor  on  that  road,  not  consistent.  The 
reason  I  cited  this  one  conductor's  case  was  simply  as  an  example,  not  to  make  a  complaint  against  any  one 
individual,  but  if  some  one  of  your  inspectors  at  any  time  will  ride  on  that  line  during  the  rush  hours  in  the 
evening,  he  will  find  that  my  report  of  the  matter  will  be  corroborated. 

"Very  respectfully, 

"EDWARD  A.  BAER." 
GFD/CWT  Yours  very  truly, 

C— 3824  TRAVIS   H.   WHITNEY, 

Secretary. 


New  York,  October  9,   1909. 
Mr.  Frederick  W.  Whitridge, 

Receiver,  3rd  Ave.,  R.  R.  Co., 
130th   St.,   and  3rd  Ave., 
New   York   City. 
Dear   Sir: 

Pursuant  to  your  letter  of  October  7th,  in  which  you  state  you  will  be  glad  to  issue  a  permit  to  our 
Mr.  Dodd  which  will  allow  him  to  read  the  ammeters  on  the  Metropolitan  feeders  supplying  the  Williams- 
burgh  Bridge  during  the  rush  hours,  I  would  ask  you  to  issue  such  permit  for  the  evening  of  Wednesday, 
October  13th,  during  the  rush  hours,  and  for  the  morning  of  Thursday,  October  14th,  during  the  rush 
hours. 

I  make  this  addition  of  the  morning  rush  hour  as  we  find  that  the  information  we  desire  was  not  ob- 
tainable alone   in   the   evening. 

Thanking  you  for  this  courtesy,  I  am.  Very  truly  yours, 

TRAVIS  H.  WHITNEY, 

Secretary. 
CWW/GES 


New  York,   October   12,    1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  Dear  Sir: 

I  have  yours  of  the  9th  and  enclose  herewith  permit  for  Mr.  Dodd  as  requested. 

Yours  truly. 

Enclosure :  Receiver, 


_     ,    .  ,    ,  ,  New  York,   October   14,   1909. 

Frederick   VV.  Whitridge,  Esq., 

Receiver,   Third   Avenue   Railroad   Co., 

Third  Avenue  and  130th  Street, 

New  York  City. 

Dear  Sir: 

Receipt  is  acknowledged  with  thanks  of  your  letter  of  the  12th  inst.  transmitting  permit  for  Mr.  Dodd 
of  this  Commission. 

Yours   very  truly, 

TRAVIS    H.    WHITNEY, 
GFD/CWT  Secretary. 

361 


Frederick  W.   Whitridge,   Esq.,  New  York,  October  20,  1909. 

Receiver  3d   Ave.   R.    R., 

Dry   Dock,   E-   BVay  and   Battery   R.   R., 

Forty-second  Street,  Man.  &  St.  Nich.  Ave.  Ry., 
Union  Ry.  Co., 

130th   Street  and  Third  Avenue, 
New  York  City,  N.  Y. 
Dear  Sir: 

Transmitted  herewith,  and  hereby  served  upon  you,  is  a  certified  copy  of  an  Order  in  Case  No.  11 70, 
adopted  by  this  Commission  at  its  meeting  on  October  13,  1909,  directing  a  hearing  in  regard  to  the  heat- 
ing and  heating  regulations  with  respect  to  cars  carrying  passengers  operated  in  the  City  of  New  York. 

In  cpnnection  with  your  acknowledgment  hereof,  I  beg  to  call  your  attention  to  the  provisions  of 
section  23  of  the   Public  Service  Commissions  Law. 

Yours   truly, 

TRAVIS  H.  WHITNEY, 

Secretary. 


STATE  OF   NEW   YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter 

of  the 

Hearing  on  the  Motion  of  the  Commission  on  the   Question  of  Improvements  in  >       Case  No    tt7o*"^ 
the    Service   of   the    Interborough    Rapid   Transit    Company;    Metropolitan    Street 
Railway   Company   and   Adrian   H.   Joline   and   Douglas    Robinson,   its   Receivers ; 
Third  Avenue  Railroad  Company  and  Frederick  W.  Whitridge,  its  Receiver. 

IT  IS  HEREBY  ORDERED,  that  a  hearing  be  had  by  and  before  the  Public  Service  Commission 
for  the  First  District,  on  the  25th  day  of  October,  1909,  at  2.30  o'clock  in  the  afternoon,  or  at  any  time  or 
times  to  which  the  same  may  be  adjourned,  at  the  rooms  of  the  Commission,  No.  154  Nassau  Street,  Bor- 
ough of  Manhattan,  City  of  New  York,  State  of  New  York,  to  inquire  whether  improvements  ought  rea- 
sonably to  be  made  as  regards  heating  and  heating  regulations  with  respect  to  all  box  cars  operated  in 
the  City  of  New  York  by  the  Interborough  Rapid  Transit  Company;  Metropolitan  Street  Railway  Company 
and  Adrian  H.  Joline  and  Douglas  Robinson,  its  Receivers;  Third  Avenue  Railroad  Company  and  Fred- 
erick  W.   Whitridge,   its   Receiver. 

ELECTRIC  CARS. 

Heating  Regulations. 

1.  All  closed  cars  (except  horse  cars)  in  service  for  the  transportation  of  passengers  between  the 
15th  day  of  October  and  the  15th  day  of  April,  in  each  year,  shall  be  equipped  with  suitable  apparatus 
for  heating  by  electricity. 

2.  All  Companies  shall,  during  the  period  above  named,  maintain  in  all  closed  cars  in  service  for 
transporting  passengers,  an  inside  temperature  of  not  less  than  45,  nor  more  than  65  degrees  above  zero 
(Fahrenheit),  unless  the  Company  is  temporarily  prevented  irutn  so  doing  by  storm,  accident  or  other 
controlling  emergency   for  which  it  is  not  responsible  and  which  fs  not  due  to  any  negligence  upon  its  part. 

3.  This  order,  in  approved  form,  together  with  a  thermometer  indicating  the  temperature,  shall  be 
displayed   conspicuously   in   each   closed   car. 

HORSE  CARS. 

Heating  Regulations. 

1.  All  closed  horse  cars  in  service  for  the  transportation  of  passengers  between  the  isth  day  of  Octo- 
ber and  the  15th  day  of  April,  in  each  year,  shall  be  equipped    with   suitable    heating   apparatus. 

2.  All  Companies  shall,  during  the  period  above  named,  maintain  in  all  closed  horse  cars  in  service 
for  transporting  passengers,  an  inside  temperature  of     not  less  than  45,  nor  more   than   65   degrees   above 

362 


zero    (Fahrenheit),    unless   the   Company   is   temporarily  prevented  from  so  doing  by  storm,  accident  or  other 
controlling  emergency  for  which  it  is  not  responsible  and  which  is  not  due  to  any  negligence  upon  its  part. 

3.  This  order,  in  approved  form,  together  with  a  thermometer  indicating  the  temperature,  shall  be  dis- 
played conspicuously  in  each  closed  horse  car,  not  nearer  than  within  six  feet  of  the  heating  apparatus,  and 
it  is  further 

ORDERED,  that  each  of  said  companies  and  said  receivers  be  given  at  least  three  days'  notice  of 
such  hearing  by  service  upon  each  of  them,  personally  or  by  mail,  of  a  certified  copy  of  this  order,  and  that 
at  such  hearing  each  of  said  companies  and  said  receivers  be  afforded  all  reasonable  opportunity  for  pre- 
senting  evidence   and   examining   and   cross-examining  witnesses  as  to  the  matters  aforesaid. 

New  York,  October  21,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

New  York  City. 

My  Dear  Sir: 

I  acknowledge  the  receipt  from  you  this  morning  of  four  certified  copies  of  your  order  in 
case  1 1 70,  directing  a  hearing  in  respect  to  maintaining  an  even  temperature  in  the  cars  during 
the  Winter,  If  you  find  a  way  to  regulate  this  subject,  I  think  it  would  be  a  boon  if  you  would 
extend  it  to  omnibus  and  steam  car  lines,  office  buildings,  shops  and  private  houses. 

Yours  truly, 

Receiver. 


Mr.  F.  W.  Whitridge,  New  York,  October  i8th,  '09. 

Receiver,  Dry  Dock,  East  B'way  &  Battery  R.  R., 
130th  Street  &  3rd  Ave., 
New  York  City. 
Dear  Sir: — 

The  Commission  desires  to  acknowledge  the  receipt,  beginning  Oct.  13th,  '09,  of  your  daily  state- 
ment of  trips  operated  across  the  Williamsburg  Bridge  during  the  24  hours  by  hours,  on  the  Grand  St. 
&   Post   Office   lines   operated  by  the   Dry   Dock,   East  Broadway  &  Batterj'  Railroad. 

Very  truly  yours, 
DLT/AJC  TRAVIS  H.  WHITNEY, 

Secretary. 

New  York,  October  21,  1909. 
Frederick  W.  Whitridge,  Esq.,   Receiver, 

130th   Street   &  Third   Avenue, 

New  York  City. 

Dear  Sir: 

An  examination  of  your  monthly  reports  for  July  and  August  shows  that  in  certain  particulars  you 
are  not  keeping  your  accounts  in  conformity  with  the  Commission's  accounting  order  of  December  8, 
1908.  No  charge  has  been  made  for  depreciation  upon  any  of  the  roads  in  your  hands,  while  taxes 
and  interest  are  not  shown  in  full.  The  accounting  rules  require  that  all  accrued  interest  shall  be  charged 
to  the  prescribed  accounts,  and  that  a  proper  proportion  of  the  taxes  shall  be  charged  each  month.  If 
there  are  valid  reasons  why  such  charges  have  not  been  made  in  the  accounts  (such  as  the  order  of  a 
court),  then  that  fact  should  be  noted  in  an  explanatory  statement,  which  should  state  all  the  facts  con- 
cerning  such   accrued   liabilities   as   have   not   been    booked. 

All  of  your  reports  require  correction  in  respect  of  the  foregoing  matters. 

Very  truly  yours, 
AFW/ARB  TRAVIS  H.  WHITNEY, 

Secretary. 
3^3 


New  York,  October  22,  1909, 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  St.,  City. 

My  dear  Sir: 

I  have  your  letter  of  the  21st  informing  me  that  all  of  my  reports  require  correction  ii 
respect  to  certain  matters  mentioned  therein.  I  do  not  quite  understand  what  is  referred  to 
All  of  the  interest  paid  by  me  and  all  of  the  taxes  are  shown  in  full  properly  proportioned  in  eac] 
monthly  report.  Of  course,  I  do  not  keep  any  depreciation  account,  because  I  have  no  capita 
account,  and  it  is  obvious  that  there  is  no  sense  in  keeping  a  depreciation  account  when  all  th 
money  we  can  get  from  any  source  is  being  expended  upon  the  property. 

It  occurs  to  me  that  you  may  possibly  refer  to  the  unpaid  franchise  tax,  but  the  Court 
and  the  railroads  have  been  endeavoring  for  nine  years  to  find  out  what  that  tax  is,  and  I  an 
not  in  position  to  apportion  it  or  take  any  cognizance  of  it  until  I  do  so  ascertain.  I  may  mention 
however,  for  your  information,  that  some  months  ago  I  made  a  proposition  for  the  settlement  o 
these  taxes  for  all  prior  years  and  for  the  fixing  of  an  amount  for  future  years.  On  referenc 
to  the  Attorney  General,  the  Honorable  William  N.  Cohen  was  appointed  by  him  to  conside 
the  matter,  and  he  thought  it  necessary  to  obtain  an  opinion  from  the  Court  of  Appeals  upoi 
one  point,  which  has  now  been  rendered,  and  I  hope  within  thirty  days  to  carry  that  compromis 
through  to  pay  air  the  back  taxes  through  the  issue  of  Receiver's  certificates,  and  thereafter,  o 
course,  we  will  have  a  definite  amount  which  can  be  charged  pro  rata  each  month. 

Yours  truly, 

Receiver. 

New  York,  October  27,  1909. 
Frederick  W.  Whitridge,  Esq.,  Receiver, 
Third    Avenue    Railroad    Company, 
130th  Street  and  Third  Avenue, 
,     New   York   City, 
Dear  Sir: — 

Referring  to  your  communication  of  the  22d  regarding  changes  in  your  monthly  reports,  I  have  t 
say  that  it  throws  no  additional  light  upon  the  situation.  The  Commission  has  not  put  in  doubt  you 
assertion  that  all  the  interest  and  taxes  paid  by  you  have  been  entered  upon  your  books  and  duly  reflecte 
in  the  reports.  But  the  accounting  rules  prescribed  by  the  Commission  require  something  more  than  th 
mere  record  of  cash  receipts  and  disbursements  that  you  keep  for  the  court.  Your  accountants  probabl; 
know  perfectly  well  that  the  Commission's  rules  require  the  booking  of  expenses  and  obligations  as  the 
are  incurred,  quite  irrespective  of  the  time  of  cash  payment. 

More  specifically:  Your  reports  purport  to  give  the  net  income  for  the  month,  which  they  fail  to  d 
by  reason  of  the  omission  of  certain  charges  mentioned  in  my  letter  of  the  21st.  "Net  income"  has  a  definit 
meaning  in  business  and  accounting  practice,  and  reference  may  be  made  to  the  Commission's  accountin; 
order  (page  35),  for  definitions  of  elementary  principles.  If  your  accounts  for  a  given  month  have  no 
taken  up  that  month's  full  proportion  of  taxes,  interest,  and  similar  compulsory  deductions,  then  your  sur 
plus  revenue  is  not  "net  income,"  and  a  statement  should  be  added  which  would  properly  describe  it.  Ii 
other  words  the  report  should  show  the  exact  facts. 

So  far  as  the  setting  up  of  depreciation  accounts  is  concerned,  I  call  your  attention  again  to  the  acqount 
ing  order.  Your  contribution  to  that  discussion  was  contained  in  a  memorandum  on  the  Commission' 
tentative  classification  of  accounts  prepared  by  your  chief  accountant  and  by  you  commended  to  the  Com 
mission's  attention  on  July  22,    1908.     His   criticism  of  the  account  was  as  follows : 

364 


Depreciation   of  Way  and   Structures. 

"To  this  account  shall  be  charged  month  by  month  the  amount  estimated  to  be  necessary  to  cover 
■'such  accruing  wear  and  tear  as  is  economically   incapable   of    repair,   and   such   obsolescence   and 
"inadequacy  as  have  accrued   during  the  month  on  all  way  and  structures  of  the  accounting  com- 
"pany."     Nothing  to  Say  After  That. 
The    accounting    order,    which    became    fully    eflFective  July   i,   1909,   required  each   railway  to  file  on 
or  before  that  date  its  rule  as  to  Depreciation  of  Way    and    Structures    and    Depreciation    of    Equipment. 
You  have  already  been  notified  that  you  were  in  default  as  to  that  requirement,  as  you  failed  to  file  such 
rules  for  each  of  the  roads  in  your  hands  that  maintains    separate    operating   accounts.      Your    monthly    re- 
ports now  show  that  you  have  made  no  charges  whatever  for  depreciation  on  your  books  and  you  have  been 
requested  to  correct  those  reports. 

You    are   undoubtedly   aware   that   the   statute   allows    thirty    days    in    which    to    make    corrections    of 
reports. 

Yours   truly, 
AFW/ARB  TRAVIS  H.  WHITNEY, 

Secretary. 


New  York,  October  25th,  1909. 
Frederick  W.   Whitridge,  Esq., 

Receiver,  3rd  Ave.  R.  R.  Co., 

130th  St.  &  3d  Ave.,  N.  Y.  City. 
Dear  Sir: 

The  Public  Service  Commission  would  like  to  obtain  certain  operating  data  in  relation  to  the  main- 
tenance of  cables,  power  house  and  substation  machinery,  which  cannot  be  obtained  from  the  Annual  Re- 
ports ;  will  you  therefore  provide  the  way  for  engineers  from  our  Transportation  Dept.  to  obtain  the  data 
and  statistics  desired? 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
EGC/LEK  Secretary. 


New  York,  October  26th,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  25th  asking  for  certain  data  in  respect  to  the  maintenance  of  cables, 

and  power  house  and  sub-station  machinery.     I  think  the  best  way  to  obtain  the  information 

which  you  are  vaguely  wanting,  would  be  for  you  to  send  somebody  up  here  to  see  Mr.  Mul- 

laney  and  me  and  I  will  then  see  what  can  be  done  for  you.     I  am  here  every  morning  between 

10  and  12  o'clock. 

Yours  truly, 

Receiver. 


New  York,  October  26th,  '09. 
Mr.   F.  W.  Whitridge,  Receiver, 
Union  Railway  Company, 
204  East  128th  Street, 
New  York  City. 
Dear   Sir: 

Attached  hereto,  from  the  Department  of  Transportation,  are  four  blue  print  tabulations  covering 
observations  with  respect  to  the  service  on  the  W^hite  Plains  Avenue  line  of  the  Union  Railway  Company 
on  October  19th  to  21st  inclusive. 

365 


You  will  note  particularly  northbound,  from  3:30  to  7:00  P.  M.,  that  the  passengers  were  in  excess 
of  the  seats  during  every  half-hour  period.  About  25%  of  the  passengers  during  this  time  were  carried 
standing. 

Southbound,  both  in  the  morning  and  afternoon,  there  were  also  a  number  of  half-hour  periods  dur- 
ing which  there  were   some   standing  passengers. 

Please  make  the  necessary  increases  and  reply  stating  the  extent  of  such  increases  and  when  they 
became  effective. 

Very  truly  yours, 
Ends.  TRAVIS  H.  WHITNEY, 

DLT/AJC.  Secretary. 


PUBLIC    SERVICE   COMMISSION   FOR  THE   FIRST  DISTRICT. 

Bureau  of  Transiti  Inspection. 

Line,  Union  Ry.   Co.,  White  Plains  Ave.  Line. 
Date,  October  19,  20,  21,   1909. 

Location   of   Observer,   Tremont   and   Webster  Aves. 
Bound,  South.  Computer,  Rosenthal. 

Checked   by   Steul.  Investigation   No.    1,245. 


Sheets  Nos.  i  and  2. 


Time. 

Destination. 

2 

Eo 

s 

55 

^  . 

1 

0 

li 

|| 
0 

Eh 

0 

§^ 
0  wi 

< 

•2ii 
—  a 

00  C 

is 

3  3 

tub 

.a 

-3  ho 

Oct.  21,  '09... 

6.00  to   6.30 
6.30  "    7.00 
7.00  "    7.30 
7.30  "    8.00 
8.00  "    8.30 
8.30  "    9.00 
9.00  "    9.30 
9.30  "  10.00 
10.00  "  10.80 
10.80  "  11.00 
11.00  "  11.30 
11..S0  "  12.00 

P.M. 

12.00  to  12.30 
12.30  "    1.00 
1.00  "    1.30 
1.30  "   -2.00 
2.00  "    2.30 
2.80  "    8.00 
8.00  "    3.30 
8.80  "    4.00 
4.00  "    4.30 
4.80  "    5.00 
5.00  "    5.80 
5.80  "    6.00 
6.00  "    6.30 
6.80  "    7.00 
7.00  "    7.80 
7.30  "    8.00 
8.00  "    8.30 
8.30  "    9.00 
9.00  "    9.80 
9.30  "  10.00 
10.00  "  10.30 
10.30  "  11.00 
11.00  "  11.30 
11.30  "  12.00 

128th  Street 

8 
4 
4 
4 
3 
4 
4 
3 
8 
4 
3 
4 

4 
3 
8 

4 
3 
3 
4 
4 
4 
5 
4 
4 
5 
4 
8 
5 
8 
3 
3 
8 
3 
3 
8 
3 

108 
144 
144 
144 
108 
144 
144 
108 
108 
144 
108 
144 

144 
108 

108 
144 
108 
108 
144 
144 
144 
180 
144 
144 
180 
144 
108 
180 
108 
108 
108 
108 
108 
108 
108 
108 

48 
167 
169 

142 
123 

101 
84 
84 
60 

108 
48 
72 

60 

60 

84 

154 

77 

60 

137 

85 

180 

171 

202 

189 

178 

108 

48 

137 

72 

48 

80 

48 

32 

27 

80 

28 

16 
42 
42 
35 
41 
25 
21 
28 
20 
27 
16 
18 

15 

20 
28 
88 
26 
20 
34 
21 
32 
34 
50 
47 
36 
27 
16 
27 
24 
16 
10 
16 
11 

9 
10 

8 

■3' 
3 
1 
2 

1 

35 

25 

Oct.  19,  '09... 

10 

15 

10 

.1 

Oct.  20,  '09... 

"2 

1 

10 

5 

"i" 
2 

3 
2 

1 

10 

15 

70 
45 

Oct.  21,  '09... 

10 

5 

.. ;. 

366 


I 


PUBLIC   SERVICE   COMMISSION   FOR  THE   FIRST  DISTRICT. 

Bureau  of  Transit  Inspection. 

Line,   Union   Ry.   Co.,  White  Plains  Ave.  Line. 
Date,  October  19,  20,  21,   1909. 

Location   of   Observer,   Tremont   and   Webster  Aves. 
Bound,  North.  Computer,  Rosenthal. 

Checked   by   Steul.  Investigation   No.    1,245. 


Sheets  Nos.  3  and  4. 


Time. 

Destination. 

!l 

SC 

9 

0 

1. 

S-2 

s  « 

s 

0 

Si 

0 

H 

a  C 

Is 

ou 

<D.a 

n 

si 

If 

00 

1 

Oct.  21,  '09 

A.  H. 

6.00  to   6.80 

6.30  "    7.00 

7.00  "    7.30 

7.30  "    8.00 

8.00  "    8.80 

S.3'i  •'    9,00 

9.00  "    0.30 

9.30  "  10.00 

10.00  "  10.30 

10.80  "  11.00 

11.00  "  11.30 

11.30  "  12.00 

P.  H. 

12.00  to  12.30 

12.30  '•    1.00 

1.00  '•    1.30 

1.30  "    2.00 

2.00  "    2.30 

2.30  '•    3.00 

3.00  "    3.30 

3.30  "    4.00 

4.00  "    4.30 

4.30  "    5.00 

5.00  "    5.30 

5.80  "    6.00 

6.00  "    6.30 

6.30  "    7.00 

7.00  "    7.30 

7.30  •'    8.00 

8.00  "    8.30 

8.30  "    9.00 

9.00  "    9.30 

9.30  "  10.00 

10.00  "  10.30 

10.30  >•  11.00 

11.00  "  11.30 

11.30  "  12.00 

242n(l  Street 

4 
8 
4 
4 
8 
4 
4 
8 
4 
3 
8 
4 

3 
4 
3 
3 
3 
3 
3 
4 
3 
4 
4 
4 
4 
5 
4 
8 
4 
8 
8 
8 
8 
8 
8 
8 

144 
108 
144 
144 
108 
144 
144 
108 
144 
108 
108 
144 

108 
144 

.108 
108 
108 
108 
108 
144 
108 
144 
144 
144 
144 
180 
144 
108 
144 
108 
108 
108 
108 
10» 
108 
108 

130 
106 
154 

142 
96 
96 
60 
86 
72 
60 
60 
96 

60 

72 

89 

108 

72 

96 

94 

154 

113 

152 

189 

299 

264 

200 

96 

84 

84 

56 

60 

48 

65 

36 

48 

43 

32 
85 
88 
85 
82 
84 
15 
12 
18 
20 
20 
24 

20 
18 
30 
36 
24 
32 
81 
38 
38 
88 
47 
75 
66 
40 
24 
28 
21 
19 
20 
16 
22 
12 
16 
14 

1 
2 
2 
2 

10 

10 

t.t,          11 

10 

Oct.  19, '09... 

a               ti 

10 

11               .i 

It               tt 

11               It 

11               It 

■ 

tt               .t 

tt               tt 

tt               tt 

Oct.  20,  '09 

tt               It 

tt               tt 

tt               tt 

1 

"i" 
2 

1 
2 
4 
4 

8 

1 

5 

tt               tt 

tt                It 

tt               tt 

tt               tt 

10 

11               tt 

in 

It               tt 

a 

tt               tt 

80 

tt               tt 

45 

tt               >t 

155 

Oct.  21,  '09. 

.t               tt 

190 

tt               tt 

«0 

tt                tt 

tt               tt 

.t               It 

tt               tt 

tt               tt 

tt               It 

tt               tt 

1 

5 

tt               tt 

tt               It 

tt               tt 

A/r      I?    ^xr    T,.,--    •.        X.       .  New   York,   October   i8th,   '09. 

Mr.  F.   W.   Whitndge,  Receiver, 

Union    Railway    Company, 

130th   St.   &  3rd  Avenue, 

New  York  City. 

Dear    Sir: 

The  four  (4)  blue  prints  attached  hereto,  from  the  Transportation  Department,  show  that  the  serv- 
ice being  provided  on  your  Williamsbridge  line  is  inadequate  practically  throughout  the  entire  day,  in  both 
directions. 

Please  inform  the  Commission  at  once  how  and  when  you  will  increase  the  service  on  this  line  to 
adequately  care  for  the  traffic. 

Very   truly   yours, 

TRAVIS  H.  WHITNEY, 
DLT/AJC.  Secretary. 

Ends. 


367 


PUBLIC    SERVICE   COMMISSION    FOR   THE  FIRST  DISTRICT. 

Bureau  of  Transit  Inspection. 

Union  Railway  Company. 

Line,  Williamsbridge  and  Mt.  Vernon  Line. 

Date,  October  5th,  6th,  7th,   1909. 

Location  of  Observer,  Tremont  Ave.  and  Bronx  St. 

Bound,  West.  Computer,  Rosenthal. 

Checked  by   Standfast.  Investigation  No.  1,164. 


Sheets  Nos.  i  and  2. 


•s : 

5m 

bb 

*< 

rl    tm 

•-  a 

a 

lime. 

Destination. 

0.3 

0 

u 

^ . 

as 
1 

0 

II 

|5 

^■■5 

CS  -^ 
«-i  CO 

4 

so 

s 

2 

2(2 
0 

H 

> 

Is 
ii 

< 

:z:oh 

£ 

A.  H. 

Oct.  6, '09.. 

6.15  to   6.80 

West  Farms  and  3d  Ave. 

3 

108 

114 

38 

1 

so 

6.80  "    7.00 

H                                                      11 

5 

180 

350 

70 

5 

170 

7.00  "    7.80 

»»                           >i 

5 

180 

320 

61 

5 

140 

7.80  "    8.00 

'•                              >k 

4 

114 

234 

58 

4 

90 

8.00  "    8.80 

•  »                              tk 

6 

180 

275 

55 

5 

95 

8.30  "    9.00 

it                              »l 

5 

180 

200 

40 

3 

20 

9.00  "    9.30 

•  »                              lb 

4 

144 

164 

41 

3 

20 

9.80  "  10.00 

»4                                                t> 

6 

180 

164 

83 

2 

20 

10.00  "  10.80 

il                                                 t. 

3 

108 

178 

59 

8 

70 

10.80  "  11.00 

"                                                t. 

3 

108 

148 

49 

8 

40 

11.00  "  11.30 

»»                                                 >. 

8 

iOS 

84 

28 

0 

0 

11.80  "  12.00 

H                                                11 

8 

1U8 

128 

48 

2 

10 

P.M. 

Oct.  6, '09.. 

12.00  to  12.80 

•  l                                                tt 

S 

108 

94 

31 

0 

0 

12.30  •'    1.00 

tl                                                 ik 

3 

108 

106 

35 

1 

10 

1.00  "    1.30 

1»                                                11 

8 

108 

116 

39 

2 

20 

1.80  "    2.00 

U                                               il 

3 

108 

128 

43 

2 

20 

2.00  '•    2.80 

tl                           Ik 

3 

108 

133 

44 

8 

25 

2.80  '•    8.00 

/ 

8 

108 

121 

40 

2 

25 

8.00  "    8.80 

8 

IOS 

101 

34 

1 

6 

8.80  "    4.00 

«t                           tt 

8 

108 

103 

35 

1 

10 

4.00  "    4.80 

"                           .1 

3 

108 

153 

51 

8 

43 

4.80  "    6.00 

it                              tt 

8 

103 

111 

37 

2 

15 

6.00  "    6.30 

it                              it 

8 

108 

178 

f9 

8 

70 

5.80  "    6.00 

it 

5 

180 

325 

65 

5 

145 

Computer,  Standfast.     Checked  by  Zementz. 


Oct.  7, '09., 


p.  u. 


6.00  to 

6.80 

7.00 

7.30 

8.00 

8.30 

9.00 

9.80 
10.00 
10.30 
11.00 
11.80 


6.80 
7.00 
7.30 
8.00 
8.30 
9.00 
P.30 
10.00 
10.80 
11.00 
11.80 
12.00 


West  Farms  and  8d  Ave, 


252 
144 
144 
180 
180 
144 
180 
72 
108 
10? 
108 
IOS 


385 
182 

94 
184 
157 
125 
154 
87 
108 
126 
146 
118 


145 
60 
10 
40 
26 
5 
10 
15 


80 
20 
10 


.368 


PUBUC   SERVICE   COMMISSION   FOR  THE  FIRST  DISTRICT. 

Bureau  of  Transit  Inspection. 

Union  Railway  Co. 

Line,  Williamsbridge  and  Mt  Vernon  Line. 

Date,  October  5th,  6th,  7th,  1909. 

Location  of  Observer,  Tremont  Ave.  and  Bronx   St. 

Bound,  East.  Computer,  Zeientz. 

Checked  by   Standfast.  Investigation   No.  1,164. 


Sheet  No.  i. 


0   . 

•?.«i 

Sf 

e 

0 

0 

•2  ® 

1.^ 

i-9 
3S 

a 
^1 

Time. 

Destination. 

22 
so 

1^ 

C  be 

5(S 

1^ 

si 

p  be 

z 

&. 

& 

h  0 

la 

-< 

»eu, 

s, 

Oct.  6.  'OJ.... 

6.15  to   6.30 

Mount  Vernon 

2 

72 

82 

41 

1 

10 

6.80  •'    7.00 

"            "      

5 

180 

24S 

49 

4 

fifi 

7.00  "    7.80 

"            •*      

5 

180 

221 

44 

4 

65 

7.30  "    8.00 

».                       M 

5 

180 

169 

34 

2 

25 

8.00  "    8.30 

»*                       " 

5 

180 

147 

29 

2 

15 

8.80  "    9.00 
9.00  "    9.80 
9.30  "  10.00 

::  *'••••• 

4 
S 
3 

144 

108 
108 

108 
96 

lis 

27 
32 
39 

2 

10 

10.00  "  10.80 

**          *'     

2 

72 

37 

43 

2 

15 

10.80  "11.00 

%»          t* 

8 

108 

106 

35 

1 

10 

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108 

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Oct.  5,  '09.... 

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.» 

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144 

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108 

148 

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Oct.  7,  '09.... 

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369 


Mr.   F.   W.   Whitridge,  New   York,   October  26th,   '09. 

Receiver,   Union    Ry.    Co., 
204  E.   128th   Street, 
New    York   City. 
Dear  Sir: 

On  October  i8th,  '09,  the  results  of  an  observation  with  respect  to  the  service  on  the  Williamsbridge 
line  of  the  Union  Railway  Company,  were  sent  to  you.  These  counts  showed  inadequate  service  practi- 
cally throughout  the  entire  day. 

Please  state   what  steps  have  been   taken  to  make  the  necessary  increases  in  the  service. 

Very  truly  yours, 
DLT/AJC.  TRAVIS    H.    WHITNEY, 

Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  October  27th,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir: 

I  have  yours  of  the  26th  referring  to  your  previous  letter  of  the  i8th  which  enclosed  to 
me  four  blue  prints  from  your  Transportation  Department,  which  you  say  show  that  the 
service  provided  on  the  Williamsbridge  Line  of  the  Union  Railway  is  inadequate  practically 
throughout  the  entire  day,  and  requesting  me  to  inform  the  Commission  "at  once"  how  I  ex- 
pect to  increase  the  service,  on  this  Line  to  adequately  meet  the  traffic. 

I  also  acknowledge  receipt  from  you  of  similar  letters  in  respect  to  the  Jerome  Avenue 
Line,  dated  the  23d  of  October,  and  a  third  letter  in  respect  to  the  White  Plains  Avenue  Line, 
dated  October  26th.  All  of  these  statements  are  unconvincing;  the  first  one  is  absurd  on  its 
face.  There  is  no  record  of  any  human  being  except  Houdin,  the  prestidigitateur,  who  is 
dead,  who  could  have  made  any  such  precise  calculations  on  a  moving  vehicle,  as  your  observer, 
your  computer  and  your  checker  allege.  The  whole  thing  must  be  largely  guesswork  on  their 
part. 

It  would  perhaps  be  sufficient  reply  to  all  these  communications  to  call  your  attention  to  the 
fact  that  the  cars  on  all  these  lines  of  the  Union  Railway  are  now  operated  on  the  schedule 
which  was  ordered  by  your  Honorable  Body  in  the  Autumn  of  the  year  1907,  before  I  took 
charge  of  the  property,  and  after  the  matter  had  been  exhaustively  discussed  with  the  Presi- 
dent, Mr,  E.  A.  Maher,  and  your  representatives  or  yourselves. 

I  do  not  propose  to  do  anything  about  the  service,  under  these  circumstances,  except  to 
say  to  you  that,  if  on  reflection,  you  think  it  ought  to  be  improved,  I  am  prepared  to  have  Mr. 
Maher  meet  you  as  he  met  you  two  years  ago  and  consider  the  matter  anew.  I  desire,  however, 
to  point  out  to  you  that  in  all  of  these  cases  there  has  been  no  complaint  on  the  part  of  the  public, 
and  you  are  apparently  proceeding  under  a  general  system  of  espionage,  under  which  your  in- 
spectors are  given  carte  blanche  to  invent  grievances,  which  I  consider  a  highly  objectionable 
practice,  and  I  again  make  the  suggestion  to  you,  which  I  have  once  or  twice  before  made,  when 
there  is  anything  which,  in  your  judgment,  requires  investigation,  you  should  notify  me  thereof 
and  a  joint  investigation  should  be  arranged,  because  I  know  from  my  own  experience,  and  I 
think  you  know  because  I  once  or  twice  called  your  attention  to  it,  that  the  reports  of  your  in- 
spectors are  oftentimes  worthless. 

370 


Finally,  I  ought  to  call  your  attention  to  the  fact  that  in  these  matters  you  are  dealing  to 
some  extent  with  the  vagaries  of  the  populace.  People  prefer  sometimes  to  stand  up  to  sitting 
down.  I  have  myself  seen  an  open  car  crowded  beyond  the  computation  of  your  experts,  and 
within  two  blocks  a  closed  car  containing  only  three  or  four  people,  and  the  remedy  which  you 
are  seeking  for  a  grievance  of  which  the  people  do  not  complain,  is  not  by  any  attack  upon  the 
service  of  the  Road,  but  by  the  police  regulations  such  as  they  have  in  foreign  cities,  which  would 
prevent  anybody  from  getting  on  a  car  where  there  are  no  seats.  If  you  are  prepared  to  tackle 
that  proposition,  I  will  co-operate  with  you  cheerfully.  On  some  of  these  lines  there  is  some  con- 
gestion and  crowding  during  the  so-called  rush  hours,  but  in  the  case  of  the  Williamsbridge  Line, 
at  least,  it  is  I  think  beyond  my  power  to  remedy  that  defect,  because  the  upper  end  of  the  line 
is  a  single  track  over  which  the  Receiver  of  the  Westchester  Lines  operates  two  lines  of  cars, 
and  no  additional  cars  can  be  put  on,  so  far  as  we  can  judge,  without  increasing  the  congestion 
and  creating  ground  for  real  grievance,  and  the  Union  Railway  has  repeatedly  asked  for  per- 
mission to  lay  a  second  track  at  this  point  which  has  been  refused. 

Yours  truly. 

Receiver. 


Travis  H.  Whitney,  Esq.,  New  York,  October  28th,  1909. 

Secretary,   Public   Service  Commission 
154  Nassau  Street^  New  York  City. 

My  dear  Sir: 

Referring  to  my  letter  of  the  27th  in  respect  to  certain  lines  of  the  Union  Railway,  I  should 
have  added  to  the  last  paragraph  that  new  franchises  had  been  under  negotiation  in  Mount  Vernon 
and  Yonkers  for  some  months,  and  I  think  we  have  got  to  a  point  in  Mount  Vernon  where,  as 
soon  as  a  contract  between  the  Westchester  Electric  Company  and  myself  can  be  authorized  by 
the  Bondholders  and  the  Courts,  new  franchises  will  be  granted,  and  those  franchises  will  pro- 
vide that  we  may  lay  a  second  track  at  the  end  of  the  Williamsbridge  Line,  which  of  course  we 

shall  do. 

Yours  truly. 

Receiver. 

Travis  H.  Whitney,  Esq.,  New  York,  October  29th,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  send  you  herewith  two  photographs  of  a  gasolene  electric  car  which  I  have  had  made  for 

experimental  purposes  and  which  is  now  in  service  on  the  125th  Street  Crosstown  Line.     I  will 

send  you  the  plans  and  specifications  of  the  same  as  soon  as  I  can  get  them.     I  think  it  may 

interest  you  to  examine  this  car,  and  if  you  do  so   I   shall  be  glad  to  hear  what  you   think 

about  it. 

371 


It  is  possible  that  this  car  may  mark  the  beginning  of   a  new   era  in   City   and   suburban 

transportation.     I  do  not  expect  to  be  able  to  j  udge  finally  about  it  until  after  it  has  been  in  use 

some  six  months. 

Yours  truly, 

Enclosures :  Receiver. 

New  York,  November  5th,  1909. 
Frederick  W.  Whitridge,  Esq., 

Receiver,  3rd  Ave.   R.   R.   Co., 

130  St.  &  3rd  Ave.,  New  York  City. 

Dear  Sir: 

I  desire  to  acknowledge  receipt  of  your  letter  of  the  29th  ult.,  enclosing  two  photographs  of  a  gaso- 
lene electric  car,  which   is  being  operated  experimentally  on  the  125th  St.  Crosstown  line. 

Mr.  Connette,  our  Transportation  Engineer,  examined  this  car  yesterday,  in  company  with  your 
Chief  Engineer,   Mr.   Mullaney. 

It  is  quite  possible  that  the  gasolene  electric  car  will  prove  to  be  valuable  in  certain  lines  of  trans- 
portation, and  we  shall  be  glad  to  hear  further  from  you  after  the  car  has  been  in  service  a  reasonable 
length  of  time,  as  service  conditions  and  relative  costs  will  be  a  factor  in  the  final  disposition  of  the 
advantages  of  gasolene  electric  equipment. 

Thanking  you  for  calling  our  attention  to  the  matter,  and  hoping  to  have  advices  from  time  to  time, 
with  operating  data,  I  am 

Very  truly  yours, 

EGC/LEK.  TRAVIS  H.    WHITNEY, 

Secretary. 

New  York,  October  30th,  1909. 
Milo  R.  Maltbie,  Esq., 

Public   Service  Commission, 

154  Nassau  Street. 

Dear  Mr.  Maltbie: 

Referring  to  my  conversation  with  you  yesterday  in  respect  to  the  Queensboro  Bridge,  I 
explained  to  you  the  various  difficulties  which  stand  in  the  way  of  making  the  application  as  a 
mere  extension  of  the  Third  Avenue  road,  and  those  difficulties  are,  as  I  told  you,  insurmount- 
able. The  only  way  in  which  the  thing  can  be  done  is  by  an  independent  corporation  such  as  has 
been  proposed.  I  understand  that  the  Committee  of  the  Board  of  Estimate  are  unanimously  pre- 
pared to  act  on  that  application,  and  to  act  favorably  if  they  can  have  some  assurance  that  the 
Public  Service  Commission  will  approve  of  the  articles  of  incorporation. 

The  Corporation  Counsel  has  advised  them,  in  the  form  of  an  opinion,  that  the  matter  of 
transfers  is  adequately  protected  in  the  form  of  franchise  proposed,  and  that,  as  a  matter  of 
law,  is  a  conclusion  in  which  I  agree. 

These  things  being  so,  the  only  thing  or  question  is  in  respect  to  the  route  to  be  followed. 
As  I  said  to  you,  I  care  nothing  about  it,  and  I  am  perfectly  prepared  to  have  the  question  as 
to  the  streets  through  which  the  Third  Avenue  shall  run,  left  to  the  engineers  of  your  Commis- 
sion and  the  Board  of  Estimate.  I  think  it  had  probably  better  be  left  to  them  both,  because, 
with,  all  possible  respect,  I  suspect  that  if  it  is  left  to  either  one  of  them,  the  other  would  dis- 
agree in  the  first's  conclusions.     This  may  be  a  profane  opinion. 

372 


Try  to  do  what  you  can  in  this  matter.  It  really  seems  to  me  to  be  very  simple — and  sa 
very  simple  that  it  would  be  an  offence  if  I  am  not  allowed  to  make  the  extension  in  the  man- 
ner proposed — the  manner  proposed  being  the  only  way  in  which  it  can  be  made. 

Yours  very  truly, 

Receiver. 


New  York,  November  ist,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir : 

I  have  yours  of  the  30th  instant.  I  am  very  glad  indeed  to  hear  that  the  traffic  matters 
are  handled  between  the  various  companies  informally  by  co-operation  with  your  Transporta- 
tion Department.  That  is  as  I  think  it  should  be,  and  I  hope  you  will  always  find  me  ready  to 
co-operate  with  them  or  anybody  else  for  the  improvement  of  the  facilties  of  any  of  the  Roads 
under  my  jurisdiction,  if  such'  improvement  is  shown  to  be  necessary. 

I  spoke  of  the  particular  matter  of  the  service  referred  to  in  your  previous  letter  being  re- 
ferred to  Mr,  Maher,  because  at  the  time  the  Order  of  the  Commission  was  made,  Mr.  Maher 
was  in  charge  of  the  Company  and  knew  the  facts.  You  now  inform  me  that  the  order  then 
made  only  ran  for  a  year,  which  is  news  to  Mr.  Maher.  I  think  it  proper  that  all  letters  in 
respect  to  any  matters  of  these  properties  should  be  addressed  in  the  first  instance  to  me,  and  in 
a  case  such  as  the  present  one,  I  shall  be  happy  to  turn  it  over  to  Mr.  Maher  for  his  consideration. 

Do  I  understand  that  your  engineer  will  communicate  with  Mr.  Maher  in  respect  to  the 

particular  matters  as  to  which  you  send  me  your  suggestions,  or  do  you  want  Mr.   Maher  to 

call  up  the  engineer?    Now  that  I  find  how  you  are  dealing  with  the  matter,  I  am  anxious  to 

meet  you  in  every  possible  way. 

Yours  truly, 

Receiver. 


Frederick  W.  Whitridge,  Esq.,  New  York,  November  4th,  1909. 

Receiver,  3rd  Ave.  Railroad  Co., 

130th  St.  &  3rd  Ave.,  N.  Y.  City. 

Dear  Sir : 

Your  letter  of  the  ist  inst,  in  reference  to  the  method  of  handling  matters  connected   with  the  com- 
panies  under  your  charge,   has   been   received.     The  communications  will  be  addressed  to  you  as  suggested. 
.    Mr.    Maher    communicated    with    our    Transportation  Engineer,  Mr.  Connette,  yesterday,  and  will  have 
a  conference  with  him  on  Friday  in  reference  to  pending  matters. 

Very  truly  yours, 

TRAVIS   H.   WHITNEY, 
EGC/LEK.  -  Secretary. 

373 


Milo  R.  Maltbie,  Esq.,  New  York,  November  5th,  1909. 

Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Mr.  Maltbie: 

I  enclose  herewith  copy  of  a  letter  from  the  President  of  the  Board  of  Aldermen,  from 
which  you  will  see  that  the  Committee  of  the  Board  of  Estimate  of  which  I  spoke  to  you,  are 
waiting  to  hear  from  the  Public  Service  Commission  before  taking  the  promised  action  on  the 
Queensboro  Bridge  franchise. 

I  see  your  Chairman  has  been  recently  interviewed  on  the  subject  of  "Throttling  Transil 
Facilities."  I  think  the  correspondence  will  show  that  it  is  quite  clear  that  the  transit  facilities 
across  the  Queensboro  Bridge  are  not  being  throttled  by  the  Railroads  at  least. 

I  had  hoped  to  hear  from  you  by  the  first  of  this  week  in  respect  to  this  matter.     Will  you 

let  me  jog  your  memory? 

Yours  very  truly. 

Enclosure : 

Receiver. 


Frederick  W.  Whitridge,  Esq.,  New  York,  Nov.  4,   1909. 

Receiver,   Third   Avenue   Railroad, 
130th  St.  '&  Third  Ave.,  City. 
Dear  Sir: 

I  am  instructed  by  the  President  of  the  Board  of  Aldermen  to  acknowledge  the  receipt  of  yours  oi 
the  3d  instant  relative  to  your  application  for  a  franchise  to  cross  the  Queens  Borough  Bridge,  and  tc 
say  in  reply  that  as  soon  as  a  report  has  been  received  from  the  Public  Service  Commission  he  will  call 
a  rneeting  of  the  Committee  of -the  Board  of  Estimate  and  Apportionment  to  which  the  matter  was  referred 

Yours  very  truly, 

WM.   O'CONNOR, 
Sec'y. 


Mr.   F.   W.   Whitridge,    Receiver,  New  York,  November  10,  1909. 

Third   Avenue   Railroad   Company, 

130th  Street  &  Third  Avenue,  New  York. 
My  dear  Mr.  Whitridge: 

I  have  been  unable  to  write  you  before  regarding  the  feasibility  of  a  connection  between  the  Queens- 
boro bridge  and  the  Third  Avenue  System  via  59th  and  6oth  Streets.  Mr.  Connette  was  busy  with  mor« 
important    matters,   and    I    received   only   yesterday   his  written  report  upon  this  matter. 

He  states  that  the  route  suggested  in  our  report  upon  your  previous  application  is  feasible;  viz.,  thai 
the  westbound  cars  can  run  through  60th  Street  and  the  eastbound  cars  through  59th  Street.  He  does 
not  find  that  it  is  impossible  to  operate  the  cars  as  you  stated.  The  tracks  are  somewhat  close  in 
59th  Street,  but  not  only  will  it  be  feasible  to  operate  your  cars  eastbound  in  59th  Street,  but  also  tc 
operate  larger  cars  than  are  now  being  operated  westbound  by  the  59th  Street  Company.  He  also  states 
that  if  a  double  right-hand  branch-off  is  constructed  at  SQth  Street  and  Third  Avenue,  it  may  be  necessarji 
to  increase  the  distance  between  the  tracks  at  this  point ;  but  if  this  were  done  it  would  be  only  for  a  very 
short  distance.  He  also  does  not  think  it  will  be  necessary  to  make  any  changes  in  the  elevated  pillars, 
although   this   may   somewhat   depend    upon   the   exact  location  of  the  tracks. 

Mr.  Connette  has  been  unable  to  find  reason  why  the  route  cannot  be  operated  as  suggested,  but  ii 
you  know  of  any,  I  shall  be  glad  to  have  the  matter  investigated.  Of  course,  when  59th  Street  is  widened 
or  the  plan  carried  out  for  a  plaza  at  the  Manhattan  end  of  the  Bridge,  it  may  be  necessary  and  desirable  to 
rearrange  the  tracks ;  but  as  a  plan  for  operation  in  the  meantime,  we  have  yet  been  unable  to  find  that  the 
objections  you  raised  actually  exist.  Very   sincerely, 

MILO  R.  MALTBIE, 
MRM/EMH.  Commissioner. 

374 


New  York,  November  nth,  1909. 
Mile  R.  Maltbie,  Esq., 

Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Mr.  Maltbie: 

I  have  your  letter  of  the  loth  for  which  I  am  much  obliged  to  you.  As  I  told  you,  I  am 
indifferent  to  the  route  over  which  the  Queensboro  Bridge  cars  are  to  run  in  the  City  of  New 
York.  It  is  all  one  to  me  whether  it  is  60th  Street,  59th  Street,  58th  Street  or  57th  Street,  and 
I  am  perfectly  prepared  to  leave  that  to  you,  your  engineers  and  the  engineers  of  the  Board  of 
Estimate.  I  pointed  out  certain  difficulties  which  I  suppose  to  exist;  if  they  do  not  exist  then 
there  will  be  no  difficulty,  if  they  do  exist  the  blame  will  be  on  somebody  else's  engineers  rather 
than  mine. 

The  important  point,  however,  was   for  me  to  know  whether  or  no  the  Commission  would 

approve  of  the   franchise  which   I  am  negotiating    with    the    Board    of    Estimate    Committee, 

That  you  say  nothing  about;  the  terms  being  those  which  have  been  mentioned  between  us  and 

between  you  and  Mr.  Pendleton. 

Yours  truly, 

Receiver. 


New  York,  November  loth,  '09. 
Mr.   F.   W.   Whitridge, 

Receiver,  Union  Ry.  Co., 
2396    Third    Avenue, 

New  York  City. 
Dear  Sir : — 

Attached  hereto,  from  the  Department  of  Transportation,  are  two  blue  print  tabulations  with  re- 
spect to  the  service  on  the  161  st  Street  Crosstown  line  of  the  Union  Railway  Company  on  October  28th, 
29th,  &  Nov.   I  St,  '09. 

You  will  note  that  the  service  is  inadequate  between  7  :oo  &  8  :oo  A.  M.,  westbound,  and  5  :oo  &  6  :oo 
P.  M.,  eastbound,  at  i6ist  Street  and  Jerome  Avenue. 

Please   provide    the   necessary   increases    and    reply  stating  what  has  been  done. 

Very  truly  yours, 
ends.  TRAVIS    H.    WHITNEY, 

DLT/AJC.  Secretary. 


New  York,  November  loth,  '09. 
Mr.   F.  W.   Whitridge, 

Receiver,  Union  Ry.   Co., 
2396  Third  Avenue, 
New    York    City. 
Dear  Sir: — 

Herewith  are  sent  to  you,  from  the  Department  of  Transportation,  two  blue  print  tabulations  cover- 
ing the  service  on  the  Fordham  line  of  the  Union  Railway  Company  as  observed  on  Oct.  25th,  28th  &  Nov. 
1st,  '09. 

You  will  note,  during  the  evening  rush  hours  both  northbound  and  southbound,  that  the  service  was 
inadequate.  Northbound  from  4  :oo  to  6 130  P.  M.  cars  were  overloaded  continuously  during  every  half- 
hour  period  at  177th  Street  and  Third  Avenue;  southbound  at  the  same  point,  light  conditions  prevailed 
practically  from  4:30  to  8:30  P.  M. 

375 


Furthermore,  northbound,  almost  continuously  from  i  o'clock  until  8:30  P.  M.  standing  passengers 
were  carried  although  the  seats,  except  as  noted  above,  usually  exceeded  the  passengers  in  each  half-hour. 
Southbound,   similarly,   standing  passengers   were   carried  from  10:00  A.   M.  to  8:30  P.  M. 

If  more  regular  intervals  were  maintained,  standing  passengers  could  practically  be  eliminated,  except 
during  the  rush  hours,  without  any  increases  in  the  service. 

Please  improve  the  conditions  on  this  line  at  once  and  reply  stating  what  has  been  done. 

Very  truly  yours. 
Ends.  TRAVIS  H.   WHITNEY, 

DLT/AJC.  Secretary. 


PUBLIC   SERVICE   COMMISSION   FOR  THE   FIRST  DISTRICT. 
Bureau  of  Transit  Inspection. 

Line,  Union  Ry.  Co.,  i6ist  St  Crosstown  Line. 

Date,    Oct.    27,    28;    Nov.    i,    1909. 

Location  of  Observer,  i6ist  St.  and  Jerome  Ave. 

Bound,   East.  Computer,   Rosenthal. 

Checked  by   Steul.  Investigation   No.    1,291. 


Sheet  No.  2. 


Seatino  Capacitt  36 

0 

flt^ 

^1 

0 

1^ 

li 

a  ^ 

Time. 

Destination. 

.,2 

h 

1$ 

«■= 

t-   Ml 

^5 

S"-* 

3 

3^ 

c8  d 

.0  m 

2 

^ 

^ 

< 

W   00 

A.  X. 



Nov   1,  '09, . . 

6.80  to    7.00 
7.00    "     7.80 
7.80    "     8.00 

161st  St.  and  3rd  Ave. 

2 

72 
144 
144 

22 
29 
45 

11 

7 

11 

8.00    "     8.80 

11                                     •! 

144 

57 

14 

8.30   "     9.00 
9.00    "     9.30 

I.                                   u 

144 
144 

54 
88 

18 
9 

9.80   "    lO.OC 
10.00    "   10.80 

Ik                                     It 

144 

144 

88 

30 

8 
7 

10.80    "    11.00 

tt                                     t» 

144 

28 

7 

11.00    "    11.80 
11.80   "    12.00 

P.M. 

ik                                     » 

144 
144 

22 
24 

5 
6 

Oct.  27,  '09... 

12.00  to  12.80 
12.30   "     1.00 

.. 

108 
144 

28 
81 

9 

8 

1.00    "     1.30 
1.80   "     2.00 

» 

144 
144 

68 
66 

16 
16 

2.00    "     2.80 
2.30   "     8.00 
3.00   "     3  30 
3.80    "     4.00 
4.00   "     4.80 
4.80   "     5.00 

It                                     tt 

144 
180 
144 
180 
144 
144 

80 
60 
61 
57 
33 
90 

20 
12 
13 
11 
8 
22 

Oct.  28, '09... 

5.00    "     5.8C 

"                                      " 

5 

180 

250 

50 

8 

70 

5.80    "     6.00 

tt                                     It 

5 

180 

142 

28 

2 

20 

6.00   "     6.80 

tt                                     tt 

5 

180 

104 

21 

<.•  • 

6.80   "     7.00 
7.00    "     7.80 

tt                                      tt 

5 
5 

180 
180 

87 
68 

17 
18 

7.80   "     8.00 

4 

144 

97 

24 

1 

5 

376 


PUBLIC   SERVICE   COMMISSION   FOR   THE   FIRST  DISTRICT. 
Bureau  of  Transit  Inspection. 

Line,  Union  Ry.  Co.,  i6ist  St  Crosstown  Line. 

Date,  Oct.  28,  29;  Nov.  i,  1909. 

Location  of  Observer,  161  st  St.  and  Jerome  Ave. 

Bound,   West.  Computer,   Rosenthal. 

Checked  by   Steul.  Investigation   No.    1,291. 


Sheet  No.  i. 


Seatimq  Capacitt  Fm  Car,  86. 


Time 

Destioation. 

2 

|l 

2 

u 
BS 

S  eS 

^ 

k 

il 
1 

A,IC.        , 

6.80  to  7.00  j 

7.00  "    7.80 

r.30  "    8.00 

8.00  "    8.30 

8.80  "    9.00 

9.00  '>    9.30 

9.30  "  10.00 

10.00  "  10.30 

10.30  "  11.00 

11.00  "  11.30 

11.30  "  12.00 

P.  M. 

12.00  to  12.30 
12.30  "    1.00 
1.00  "    1.30 
1.30  "    2.00 
2.00  "    2.30 
2.30  "    8.00 
3.00  "    3.30 
3.30  •'    4.00 
4.00  "    4.30 
4.30  "    5.00 
5M  "    5  30 
6.30  "    6.00 
6.00  "    6.30 
6.30  "    7.00 
7.00  "    7.30 
7.80  "    8.00 

155th  St.  and  8th  Ave.; 

154th  St.  and 

McComb's  Dam  Br. 

1? 
]? 

u 

3 
I1 

J3 

■jl 

J3 
)1 
i3 
11 
33 
I1 

]1 

I1 

JS 

1 

]» 
1 

]3 

u 

11 

3 

I1 

f3 

1 

J3 

n 

1 
4 
1 
4 
1 
4 
■  0 

J4 
1 
4 
1 
4 
1 
2 
1 

108 
36 

108 

36 
108 

36 
108 

36 
108 

36 
108 

36 
106 

36 
108 

36 
108 

36 
108 

36 
108 

36 

72 
36 
108 
36 
108 
36 

108 
36 

108 
36 

108 
36 

108 
36 

108 
86 
72 
36 

144 
36 

144 
86 

144 
0 

144 
36 

144 
36 

144 
36 
72 
86 

87 

7 

106 

46 

143 

S>i 
106 

9 
36 
10 
34 

2 
26 

6 
34 

1 
33 

2 
22 

3 
42 

3 

24 

4 
58 

7 
27 

4 
22 

4 
57 

5 
66 
24 
37 

4 
31 

4 
21 

3 
39 
20 
64 

7 
52 

0 
28 

1 
88 

7 
29 

1 
26 
12 

9 
7 

35 

46 

48 

36 

35 

9 

12 

10 

11 

2 

9 

6 

11 

1 

11 
2 
7 
3 
14 
3 

12 
4 

19 

7 

9 

4 

7 

4 
19 

5' 
19 
24 
12 

4 
10 

4 
10 

3 
10 
20 
16 

7 
13 

0 

7 

1 

7 

7 

7 

1 

13 
10 

Nov.  1.  "09.... 

2 
1 
2 
0 
2 
0 

10 
10 
35 
0 
10 
0 

** 

' 

' 

.... 

Oct.  27. '09... 

.... 

.... 

'" 

' 

■ 

.... 

Oct  28,  •09... 

^77 


PUBLIC    SERVICE   COMMISSION   FOR  THE  FIRST  DISTRICT. 

Bureau  of  Transit  Inspection. 

Line,  Fordham  Line,  Union  Railway  Co. 

Date,  Oct.  25-28;  Nov.  i,  1909. 

Location  of  Observer,   177th   Street  and  3rd  Ave. 

Bound,  North.  Computer,  Eisen. 

Checked  by  Kinsley.  Investigation  No.  1,275. 

Seating  Capacity,  36. 


Sheet  No. 


"S 

■Sfti 

CO 

Time. 

Destination. 

£ 

eS 

1. 
11 

0 

it 

1^ 

•0  a) 

^^5 
25 

a 

it 

ZK 

5* 

s^l 

"i^ 

go 

s 
S5 

5al 
0 

-0 

si 

S  CO 
ZCU 

1* 

a 

9 

S5 

A.  M. 

Oct.  28,  '09... 

6.80  to    7.00 

McLean  Ave 

6 

216 

162 

27 

7.00   "     7.30 

6 

216 

264 

44 

4 

•60 

7.80    "     8.0c 

H                   It 

« 

180 

118 

24 

1 

10 

8.00    "     8.80 

H                   It 

5 

180 

1.52 

80 

1 

20 

8.80    "     9.00 
9.00    *'     9.30 
9.80   "  10.00 
10.00   "  10.80 
10.80    "  11.00 
11.00   "  11.80 
11.30    "  12.00 

P.  M. 

it            it 

It            tt 

6 
6 
6 
6 
4 
5 
5 

216 
180 
216 
216 
144 
180 
180 

120 
114 
120 
114 
54 
72 
108 

20 
23 
20 
19 
13 

22' 

Nov.  1,  '09.... 

12.00  to  12.80 
12.80    "    1.00 

'*            "     ........ 

6 
7 

216 
252 

126 
114 

21 
16 

1.00    "     1.30 

tt            tt 

fi 

216 

188 

80 

2 

is 

180    "     2.00 

it            tt 

5 

180 

157 

81 

2 

25 

2.00    "     2.30 

It           tt 

7 

252 

228 

33 

2 

30 

2.80    "     8.00 

tt            It 

4 

144 

182 

45 

2 

50 

8.00    •'     8.30 

It           it 

8 

288 

244 

30 

1 

10 

3.80    "     4.00 

it           it 

5 

180 

170 

34 

1 

20 

4.00    '•     4.80 

it            tt 

7 

252 

287 

41 

4 

65 

Oct.  25,  '09... 

4.80    "     5.00 

"           "    

6 

Z16 

214 

36 

3 

40 

5.00   "     5.80 

It            tt 

5 

180 

184 

37 

2 

40 

5.30    "     6.00 

it            it 

5 

180 

252 

50 

4 

90 

6.00    "     6.30 

"           "    

7 

252 

292 

42 

70 

6.80    "     7.00 

It            tt 

6 

216 

158 

26 

20 

7.00  ."     7.30 

tt            tt 

4 

144 

100 

25 

10 

7.80   "     8.00 

tt           it 

5 

180 

124 

25 

10 

8.00    "     8.30 

tt            tt 

6 

216 

155 

26 

5 

8.30    "     9.00 
9.00    "     9.80 

"  :::::::: 

6 
5 

216 
180 

108 
96 

18 
19 

378 


PUBLIC    SERVICE   COMMISSION   FOR  THE   FIRST  DISTRICT. 
Bureau  of  Transit  Inspection. 

Line,  Fordham  Line,  Union  Railway  Co. 

Date,  Oct.  25-28;  Nov.   i,  1909. 

Location  of   Observer,   177th   Street  and  3rd  Ave. 

Bound,    South.  Computer,   Eisen. 

Checked  by  Kinsley.  Investigation   No.   1,275. 

Sbatino  Capacitt  pbr  Car,  36. 


Sheet  No.  2. 


a  C 

£t* 

U) 

e 

«4 
0 

■s 

la 

H 

a 
•3 

Time 

Destination. 

^1 

la  si 

0  § 

X!  00 

IS. 

so 

3 

2i 

?5S 
■5 

Eg 
s  to 

'^  a) 

0 

ZPm 

PL| 

A.M. 

Oct.  28, '09... 

6.80  to   7.00 
7.00  "    7.80 
7.30  "    8.00 
8.00  "    8.80 
8.80  "    9.00 

128th  St.  and  3d  Ave. 

6 
5 
5 
6 
8 

316 
180 
180 
216 
216 

126 
156 
108 
186 
162 

21 

31 
22 
31 
27 

'so' 

9.00  "    9.80 
9.80  "  10.00 
10.00  "  10.30 

'i       ':: 

6 
6 
5 

216 
216 
180 

128 
132 
154 

21 
22 
81 

Nov.  1, '09.... 

'io' 

10.80  "  11.00 
11.00  "  11.30 
11.80  "  12.00 

>i       ti 

4 

4 
5 

144 
144 
180 

72 

90 

187 

18 
22 
27 

"5" 

P.M. 

12.00  to  12.30 

tk                                    M 

T 

252 

227 

82 

5 

12.80   "    1.00 
1.00  "    1.80 
1.30  "    2.00 

'::       :: 

5 
6 
6 

180 
216 
216 

114 
168 
185 

23 

28 
31 

"5' 

2.00   "    2.30 

it       »« 

7 

252 

244 

35 

10 

2.30  "    3.00 

"        •' 

« 

216 

172 

29 

10 

8.00  "    3.30 
3.30  "    4.00 

\\       i\ 

5 
6 

180 
216 

132 
185 

88 
81 

"5' 

4.00  "    4.30 

it       ti 

6 

216 

207 

34 

15 

Oct.  25,  '09... 

4.30  "    5.C0 

"        " 

7 

252 

257 

■39 

66 

6.00  "    5.80 

"        '* 

5 

180 

246 

49 

90 

5.30  "    6.00 

ti       tt 

7 

252 

296 

42 

80 

6.00  "    6.80 

It       It 

8 

108 

140 

47 

50 

6.30  "    7.00 

tt       it 

7 

862 

236 

84 

50 

7.00  "    7.80 

it       it 

6 

216 

156 

26 

80 

7.30  "    8.00 

ti       it 

5 

180 

192 

88 

30 

8.00  "    8.30 

it       it 

5 

180 

245 

49 

65 

8.30  "    9.00 
9.00  "    9.30 

» 

6 
5 

216 
180 

108 
60 

18 
12 

379 


New  York,  November  12,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  City. 

My  Dear  Sir: 

I  have  your  letters  of  the  loth  instant  enclosing  to  me  the  results  of  your  investigations  Nos. 
1 29 1  and  1275  made  by  certain  observers,  certain  computers  and  checked  by  certain  other  people. 
Assuming  that  any  degree  of  credence  is  to  be  attached  to  these  reports,  it  is  apparent  from 
the  face  of  them  that  two  of  them  show  a  very  satisfactory  service  and  not  an  inadequate 
service  at  all. 

In  accordance  with  our  previous  correspondence,  I  have,  however,  turned  them  over  to  my 

General  Manager  with  instructions  to  take  the  matter  up  with  Mr.  Connette  and  arrange  the 

service  to  satisfy  his  judgment. 

Yours  truly, 

Receiver. 


November  i6th,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

Tribune  Building,  154  Nassau  Street, 

New  York  City. 

Dear  Sir: — 

Regarding  the  service  of  our  i6ist  Street  and  Fordham  Lines,  we  beg  to  submit  herewith 
a  copy  of  a  report  made  by  our  Superintendent,  and  we  desire  to  say  that  the  suggestions 
therein  will  go  into  effect  to-day. 

We  trust  that  the  additional  cars  upon  the  lines  mentioned  will  meet  the  requirements  of  the 

Commission. 

Yours  very  truly. 


EAM/MFT. 


General  Manager  Under  Receiver. 


New  York,   November   13th,   1909. 
Mr.  Edward  A.   Maher, 

General    Manager,    Union    Railway    Company, 
130th  Street  &  Third  Avenue, 
New  York  City. 

Dear  Sir: — 

We  beg  to  state  that  in  view  of  the  complaints  of  October  25th,  28th  and  November  ist,  from  the 
Department  of  Transportation  of  the  Public  Service  Commission,  relative  to  the  operation  of  the  Ford- 
ham  and  161  st  Street  Crosstown  Lines,  that  with  the  addition  of  one  extra  car  on  161  st  Street  Crosstown 
Line  between  the  hours  of  7:00  A.  M.  and  8:30  A.  M.  it  will  increase  the  seating  capacity  to  one  hundred 
and  eight  passengers,  according  to  Public  Service  check,  which  shows  the  number  of  passengers  standing 
sixty-five. 

It  will  show  the  number  of  cars  operated  every  thirty  minutes  to  be  five  instead  of  four.  With  one 
additional  car  between  the  hours  of  5  :oo  P.  M.  and  6  :oo  P.  M.  it  will  show  a  seating  capacity  of  seventy-two 
passengers  more  than  check  taken  and  which  will  show   six   cars    every   thirty   minutes   instead   of   five. 

380 


As  to  our  Fordham  Line  between  the  hours  of  6 130  A.  M.  and  4  :oo  P.  M.  we  will  maintain  a  schedule 
of  six  cars  every  thirty  minutes  by  keeping  one  additional  emergency  car  on  the  stand  at  our  Terminal  at 
the  City  Line  which  is  to  be  used  in  case  of  headway. 

Then  between  the  hours  of  4:00  P.  M.  and  7:30  P.  M.  with  an  increase  of  four  additional  cars  which 
is  equivalent  to  fifteen  cars  per  hour  instead  of  twelve  or  an  increase  of  twenty-five  per  cent  in  service. 

Then  between  7:00  P.  M.  and  9:00  P.  M.  we  will  maintain  a  schedule  of  six  cars  every  thirty  minutes 
or  twelve  cars  per  hour. 

Regardless  of  blocks  and  delays  due  to  bridge  openings  we  will  do  our  best  to  maintain  this  schedule 
in  operation.  Very  respectfully, 

(Signed)     HARRY  A.  CARRIGAN, 

Assistant  Superintendent. 


Mr.  F.  W.  Whitridge,  Receiver,  New  York,  November  12,   1909. 

Third  Avenue  Railroad  Company, 

130th  Street  and  Third  Avenue,  ^ 

New  York  City. 
My  dear   Mr.   Whitridge: 

I  beg  to  acknowledge  your  letter  of  the   nth  just  received. 

You  ask  "whether  or  no  the  Commission  would  approve  of  the  franchise  which  I  am  (you  are)  nego- 
tiating with  the  Board  of  Estimate  Committee."  Our  Commission  is  not  in  the  habit  of  stating  that  it 
will  approve  a  document  which  has  not  yet  been  submitted  to  it  and  the  provisions  of  which  are  not  known 
to  the  Commission.  I  have  seen  Mr.  Pendleton  and  informed  him  in  a  general  way  of  our  position  in 
the  matter,  and  have  further  said  that  we  will  be  glad  to  consider  any  franchise  informally  before  it  is 
finally  adopted,  if  the  Committee  so  desires,  and  we  are  still  ready  to  do  so,  as  this  seems  the  best  way  to 
make  progress;  but  not  having  seen  the  franchise  and  not  knowing  what  it  contains,  it  is  impossible  for  us 
to  say  formally   or  informally  whether  it  meets  with  our  approval. 

Very  sincerely, 
MRM/EMH  MILO   R.    MALTBIE, 

Commissioner. 


Milo  R.  Maltbie,  Esq.,  New  York,  November  13th,  1909. 

Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 
My  dear  Mr.  Maltbie: 

I  have  yours  of  the  12th  and  as  I  recall  the   numerous   negotiations   and   conversations    in 

respect  to  this  business  of  crossing  the  Queensboro  Bridge,  I  confess  I  am  surprised  at  that 

letter. 

Yours  truly, 
GFD/CWT 

End.  •  Receiver. 

C— 3921. 


Public  Service  Commission,  New  York,  N.  Y.,  Nov.  8,  1909. 

Gentlemen : 

I  wish  to  call  your  attention  to  the  inconvenience  caused  the  public  by  the  motormen  on  the  Third 

and  Amsterdam  Ave.  line.    It  is  a  common  practice  when  a  person  wishing  to  alight  at  176th  St.  gives  the 

signal  at  175th  St.  to  be  carried  to  178th  St.     This  evening  I  signaled  at  175th  St.  and  was  carried  to  i8ist 

St.  before  I  could  get  the  motorman  to  stop,  although  he  was  given  a  signal  at  177th  St.  by  another  party. 

He  refused  to  stop.     There  seems  to  be  no  just  cause  for  this  and  believe  it  should  be  stopped,  as  it  is 

an  annoyance  to  the  public.     Your  attention  in  this  matter  will  be  appreciated. 

Yours   truly, 

(Signed)    W.  A.  OUTTEN. 
506   West   176th    St. 

381 


New  York,  November  12,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  nth  enclosing  letter  from  W.  A.  Outten,  complaining  that  the  motor- 
men  on  the  Third  and  Amsterdam  Avenue  Line  do  not  stop  on  signal,  and  that  he  was  carried 
six  blocks  beyond  the  point  where  he  signalled;  and  speaks  of  that  sort  of  thing  as  a  common 
occurrence.  Of  course,  any  such  thing  is  a  flat  violation  of  the  rules,  but  as  Mr.  Outten  does 
not  give  me  the  number  of  the  car  or  the  motorman,  it  is  difficult  for  me  to  deal  with  it.  I  hope 
hereafter  he  will  take  notice  of  those  two  facts  and  advise  me. 

I  may  say  that  I  cannot  myself  conceive  of  anybody  being  so  silent  as  to  permit  a  car  to 
carry  him  six  blocks  beyond  his  destination. 

Yours  truly. 

Receiver. 


Copy  to  W.  A.  Outten. 

New  York,  November  12,  1909. 
Mr.  W.  A.  Outten, 

506  West  176th  Street, 
New  York  City. 

My  dear  Sir: 

The  Public  Service  Commission  has  sent  me  copy  of  your  complaint  in  respect  to  service 
on  the  Third  and  Amsterdam  Avenue  Line,  and  I  enclose  herewith  copy  of  my  reply  thereto. 

Yours  truly. 
Enclosure :  Receiver. 


Office,  Foot  109th  Street,  E.  R- 
New  York,  November  15,  1909. 
Public  Service  Commission, 
154   Nassau   Street, 
New  York  City. 
Gentlemen : 

We  wish  to  know  if  we  can  enlist  your  services  in  having  the  Railroad  Company  take  care  of  their 
track  and   repair  the  pavement  between  the  track  on   109th   Street,   from    ist  to   Pleasant  Avenues. 

In  its  present  condition  the  street  is  almost  impassable  for  vehicles,  and  it  is  extremely  dangerous 
for  heavy  trucking,  as  the  tracks  are  so  much  higher  than  the  street  in  some  places,  that  when  a  truck  is 
caught  in  the  tracks,  it  is  almost  impossible  to  jump  the  track,  and  the  snapping  of  an  axle  is  likely  to 
result  in  serious  injury  to  the  driver  of  a  vehicle. 

We  have  on  two  occasions  written  the  Railroad  Company  without  getting  any  results  and  now  ap- 
peal to  you  for  such  action  as  will  bring  about  the  desired  result. 

Very  truly  yours, 

MURTHA  &  SCHMOHL  CO., 

Graham  Murtha, 

Secretary. 
3^2 


Travis  H.  Whitney,  Esq.,  New  York,  November  i8th,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir: 

I  have  yours  of  the  17th  in  respect  to  the  complaint  of  Messrs.  Murtha,  Schmohl  &  Com- 
pany. The  condition  of  the  tracks  which  these  gentlemen  refer  to  is  substantially  as  they  describe. 
It  was  only  brought  to  my  attention  a  few  days  ago,  when  the  question  of  running  the  gasolene 
electric  car  on  the  i  loth  Street  Line  was  brought  up,  and  I  thereupon  directed  that  the  tracks  at 
the  places  mentioned  by  Messrs.   Murtha,  Schmohl  &  Company,  and  in  some  other  places,  be 

put  into  decent  shape  forthwith. 

Yours  truly, 

Copy  to  Murtha,  Schmohl  &  Company.  Receiver. 

Messrs.  Murtha,  Schmohl  &  Company,  New  York,  November  i8th,  1909. 

Foot  of  109th  Street,  E.  R., 
New  York  City. 

Dear  Sirs: 

The  Public  Service  Commission  has  sent  me  copy  of  your  complaint  to  them  of  the  15th 
instant,  and  I  enclose  herewith  copy  of  my  reply  thereto. 

Yours  truly. 

Receiver. 


Mr.  F.  W.  Whitridge,  New  York,  November  17th,  '09. 

Receiver,  Union   Ry., 

2396  Third  Avenue, 
New  York  City. 
Dear  Sir:— 

An  observation  was  made  with  respect  to  the  service  of  the  Morris  Avenue  line  on  Nov.  4th,  5th 
&  8th,  '09,  covering  the  conditions  from  6:00  A.  M.  to  9:00  P.  M. 

The  service  at  i6ist  St.  &  Morris  Avenue  was  found  to  be  satisfactory,  except  from  7:00  to  7:30 
A.  M.,  northbound,  when  four  cars  were  operated  carrying  fifty  passengers  standing,  and  from  4:30  to  5:30 
P.   M.,  southbound,  when  8  cars  were  operated  carrying  no  standing  passengers. 

The  headways  during  these  periods  averaged  about  7J^  minutes.  A  six  minute  headway  would  have 
adequately  accommodated  the  business. 

Please  increase  your  service  on  this   line  accordingly. 

Very  truly  yours, 
LDT/AJC.  TRAVIS  H.  WHITNEY, 

Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  November  20th,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  Dear  Sir: 

I  have  yours  of  the  17th.  I  am  glad  that  your  observation  shows  that  the  services  on  Morris 
Avenue  was  generally  satisfactory,  and  I  have  referred  the  same  to  my  General  Manager  and 

.383 


Mr.  Connette  for  improvement  in  the  particulars  which  your  observation  shows  it  to  be  defi- 
cient in. 

I  regret  that  you  do  not  give  me  the  number  of  your  observation.  I  Hke  to  keep  track  oi 
the  numbers  of  your  orders  and  observations.    The  last  number  of  the  latter  which  I  saw  wa; 

1297. 

Yours  truly, 

Receiver. 

Travis  H.  Whitney,  Esq.,  November  22nd,  1909. 

Secretary,  Public  Service  Commission, 
Tribune  Building,  154  Nassau  Street, 
New  York  City. 
Dear  Sir: 

Replying  to  your  favor  of  November  17th,  regarding  the  service  upon  our  Morris  Avenue 
Line,  we  desire  to  state  that  additional  cars  will  be  placed  upon  that  line,  between  the  hours 
mentioned,  so  as  to  provide  service  that  will  be  satisfactory  to  your  Commission. 

Yours  very  truly, 

EAM/MFT. 

General  Manager  Under  Receiver. 


433  West  162nd  St.,  N.  Y. 
Nov.  15,  1909. 
Gentlemen : 

I  would  like  to  draw  your  attention  to  the  running  or  rather  non-running  of  the  "Tenth  Avenue' 
line.  Up  to  a  short  time  ago,  the  cars  on  that  line  ran  from  E.  34th  St.,  to  162nd  St  and  Amsterdam  ave 
(some  to  Fort  George).  Without  notification  of  any  kind,  these  cars  have  ceased  running  further  thar 
129th  St.  and  Amsterdam  Ave.  Occasionally,  however,  the  passengers  are  dumped  out  at  the  stables,  anc 
then  told  to  get  on  again,  as  that  car  will  run  up. 

As  this  is  a  source  of  great  inconvenience  not  only  to  ourselves  but  to  our  friends  who  visit  us,  ] 
would   like  to  know  whether  this  poor  service  is  the  best  we  can  expect  on  the  "Heights." 

Yours  very  respectfully, 

WILLIAM  VOLCKHAUSEN. 


Travis  H.  Whitney,  Esq.,  New  York,  November  19th,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  Dear  Sir: 

I  have  yours  of  the  i8th  enclosing  complaint  of  Mr.  William  Volckhausen  in  respect  to  the 
Tenth  Avenue  cars  on  Amsterdam  Avenue.  I  ought,  in  the  first  place,  to  call  Mr.  Volckhau- 
sen's  attention  to  the  fact  that,  until  a  year  ago,  there  were  no  Tenth  Avenue  cars  which  ran  up 
Amsterdam  Avenue  at  all;  that  is  an  improvement  instituted  by  me.  As  the  Autumn  came  on, 
it  appeared  that  during  the  entire  middle  of  the  day  these  cars  ran  almost  empty.  As  a  matter 
of  fact,  to  be  precise,  the  earnings  from  them  were  six  cents  per  car  mile  less  than  the  cost  of 
operating.    Accordingly,  the  passage  of  the  Tenth  Avenue  cars  up  Amsterdam  Avenue  was  dis- 

384 


continued,  except  during  two  hours  in  the  morning  and  two  hours  in  the  afternoon,  and  I  hope 
Mr.  Volckhausen  will  see  that  while  it  is  an  inconvenience  for  the  passengers  to  be  asked  to 
change  at  129th  Street,  it  is  an  injustice  to  ask  us  to  run  cars  at  a  considerable  loss  for  the  pur- 
pose of  saving  passengers  that  very  trifling  inconvenience.  As  soon  as  the  population  of  the 
Heights  increases  or  the  season  grows  warmer,  the  old  schedule  will  be  resumed. 

Yours  truly. 

Copy  to  Wm.  Volckhausen.  Receiver. 


New  York,  November  19th,  1909. 
Mr.  William  Volckhausen, 

433  West  162nd  Street, 

New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  15th  from  the  Public  Service  Commission,  and   send  you  copy  of  my 
reply  thereto,  which  I  hope  will  be  satisfactory. 

Yours  truly. 

Receiver. 


New  York,  November  26th,  '09. 
Mr.  F.  W.  Whitridge,  Receiver, 

3rd  Ave.  &  Kingsbridge  R.   R. 
2396  Third   Avenue, 
New  York  City. 
Dear    Sir : — 

Will  you  please  furnish,  for  the  information  of  Mr.  Connette,  Transportation  Engineer,  the  following 
daily  statistics,  beginning  December  ist,  '09,  with  respect  to  the  operation  of  the  surface  lines  under  your 
Receivership. 

I : — The   number   of    fare   passengers   carried   at   5  cts.  and  at  several  rates  other  than  5  cts. 

(105,  106,  107,  108) 
2: — The  Corresponding  information   for  the  same  day  of  the  week  for  1908. 

3: — Transfers    collected.  (109) 

4: — The  corresponding  data  for  the  same  day  of  the  week  for  1908. 

5: — The  passenger  car  miles   (active)   operated.  (121) 

6: — The   corresponding  information  for  the   same   day  of  the  week  for   1908. 

The  numbers  in  brackets  above  refer  to  the  line  number  in  the  "Monthly  Report  of  Street  Railway 
Operation",  now  filed  with  the  Public  Service  Comission  for  the  First  District,  Bureau  of  Statistics  & 
Accounts.      They    indicate    specifically   the    character   of  the  information  desired. 

If  more  convenient,  weekly  reports,  containing  this  information  by  days  for  the  preceding  week,  will 
be  entirely  satisfactory. 

Very  truly  yours, 

TRAVIS   H.   WHITNEY, 
DLT/JAC.  Secretary. 

385 


Address  reply  to  "Public  Service  Commission." 

New  York,  November  29th,  1909. 
Public  Service  Commission, 

154  Nassau  Street, 

New  York  City. 

Dear  Sirs : 

I  have  your  several  letters  of  the  26th  asking  for  certain  daily  statistics  for  the  use  of  Mr. 
Connette.    1  will  furnish  these  as  quickly  as  I  can  have  them  made  up. 

Yours  truly, 

Receiver. 


November  23,   1909. 
Frederick  W.  Whitridge,  Esq.,  Receiver, 

Third  Avenue  Railroad  Company, 

130th  Street  &  Third  Ave.,  New  York. 

Dear  Sir : 

Transmitted  herewith  and  hereby  served  upon  you  is  a  certified  copy  of  an  Order  in  Case  No.  1170, 
adopted  by  this  Commission  at  its  meeting  November  19,  1909,  in  regard  to  heating  regulations  of  closed 
passenger  cars. 

In  connection  with  your  acknowledgment  hereof,  I  beg  to  call  your  attention  to  the  provisions  of  Sec- 
tion 23  of  the  Public  Service  Commissions  Law. 

Very  truly  yours, 

TRAVIS   H.  WHITNEY, 
JHG/EH  Secretary. 


STATE  OF  NEW  YORK, 

PUBLIC   SERVICE  COMMISSION   FOR  THE  FIRST  DISTRICT. 

In  the  Matter 
of  the 


>-Case   No.   1170 
Final  Order 


Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  Improvements  in 
the  Service  of  the  Interborough  Rapid  Transit  Company;  Metropolitan  Street 
Railway  Company  and  Adrian  H.  Joline  and  Douglas  Robinson,  its  Re- 
ceivers; Third  Avenue  Railroad  Company  and  Frederick  W.  Whitridge,  its 
Receiver;  as  regards  heating  and  heating  regulations  with  respect  to  all 
closed  cars  carrying  passengers  operated  in  The  City  of  New  York. 

After  a  hearing  duly  held  in  the  above  entitled  matter  on  due  notice  to  all  the  companies  and  re- 
ceivers above  named  before  Mr.  Commissioner  Eustis  on  October  25,  1909,  November  4,  1909,  and  No- 
vember 9,  1909,  present  Mr.  J.  L.  Quackenbush,  of  Counsel  for  the  Interborough  Rapid  Transit  Company, 
Metropolitan  Street  Railway  Company  and  Adrian  H.  Joline  and  Douglas  Robinson,  its  receivers,  New  York 
City  Interborough  Railway  Company,  New  York  and  Queens  County  Railway  Company,  Long  Island 
Electric  Railway  Company,  and  New  York  and  Long  Island  Traction  Company;  Mr.  W.  S.  Menden,  repre- 
senting Brooklyn  Heights  Railroad  Company,  Brooklyn,  Queens  County  and  Surburban  Railroad  Company, 
South  Brooklyn  Railroad  Company,  Brooklyn  Union  Elevated  Railroad  Company,  Nassau  Electric  Rail- 
road Company,  Sea  Beach  Railway  Company,  and  Coney  Island  and  Gravesend  Railway  Company;  Mr.  Her- 
bert L.  Bickford,  of  Counsel  for  Third  Avenue  Railroad  Company  and  Frederick  W.  Whitridge,  its  Re- 
ceiver, 42d  Street,  Manhattanville  and  St.  Nicholas  Avenue  Railway  Company  and  Frederick  W.  Whit- 
ridge, its  Receiver,  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company  and  Frederick  W.  Whitridge, 

386 


its  Receiver,  Southern  Boulevard  Railroad  Company  and  Kingsbridge  Railway  Company;  Mr.  T.  J.  Mul- 
len, representing  Richmond  Light  and  Railroad  Company  and  Staten  Island  Midland  Railway  Company; 
Mr.  C.  L.  Addison,  representing  Ocean  Electric  Railway  Company;  Mr.  Brainerd  Tolles,  of  Counsel  for 
Second  Avenue  Railroad  Company  and  George  W.  Linch,  its  Receiver,  and  Central  Park,  North  and  E^st 
River  Railroad  Company;  Mr.  E.  L.  Crum,  representing  Yonkers  Railroad  Company  and  Leslie  W.  Suther- 
land, its  Receiver;  Mr.  S.  W.  Huff,  representing  the  Coney  Island  and  Brooklyn  Railroad  Company;  and 
Mr.  Henry  H.  Whitman,  Assistant  Counsel  to  the  Commission;  it  is 

Ordered:  That  said  companies  and  said  receivers  obey,  observe  and  comply  with  the  following  direc- 
tions or  requirements : 

HEATING   REGULATIONS. 

ELECTRIC    CARS. 

(i)  All  closed  cars  in  service  for  the  transportation  of  passengers  between  the  15th  day  of  October 
and  the  15th  day  of  April  in  each  year  shall  be  equipped  with  suitable  apparatus  for  heating  by  electricity. 

(2)  Every  company  shall  during  the  period  above  named,  whenever  the  outside  temperature  is  less 
than  forty  degrees  (Fahrenheit),  maintain  in  all  closed  cars  in  service  for  the  transportation  of  passen- 
gers a  temperature  of  not  less  than  forty  nor  more  than  sixty-five  degrees  above  zero  (Fahrenheit),  unless 
the  company  is  temporarily  prevented  from  so  doing  by  storm,  accident  or  other  controlling  emergency  for 
which  it  is  not  responsible  and  which  is  not  due  to  any  negligence   on   its  part. 

HORSE    CARS. 

(i)  All  closed  cars  in  service  for  the  transportation  of  passengers  between  the  15th  day  of  October 
and  the  15th  day  of  April  in  each  year  shall  be  equipped  with  suitable  apparatus  for  heating. 

(2)  Every  company  during  the  period  above  named,  whenever  the  outside  temperature  is  less  than 
forty  degrees  (Fahrenheit),  shall  maintain  in  all  closed  cars  in  service  for  the  transportation  of  passengers 
a  temperature  of  not  less  than  forty  nor  more  than  sixty-five  degrees  above  zero  (Fahrenheit),  unless  the 
company  is  temporarily  prevented  from  so  doing  by  storm,  accident  or  other  controlling  emergency  for 
which  it  is  not  responsible  and  which  is  not  due  to  any  negligence  on  its  part.    And  it  is  further 

Ordered  :  That  a  copy  of  such  regulations  relating  to  electric  cars,  with  the  added  words,  "By  Or- 
der of  the  Public  Service  Commission  for  the  First  District,''  be  displayed  conspicuously  in  each  of  said 
closed  electric  cars,  and  that  a  copy  of  such  regulations  relating  to  horse  cars,  with  the  like  addition, 
be  displayed  conspicuously  in  each  of  said  horse  cars,  both  of  such  notices  to  be  in  a  form  approved  by  the 
Commission.     And  it  is  further 

Ordered:  That  this  order  shall  take  effect  on  the  loth  day  of  December,  1909,  and  shall  continue  in 
force  until  modified  or  abrogated  by  the  Commission,  except  that  said  order  shall  not  take  effect  as  to 
the  New  York  and  Queens  County  Railway  Company,  Long  Island  Electric  Railway  Company  and  New 
York    and    Long    Island    Traction    Company    until    the   loth   day  of  January,    1910.     And  it  is   further 

Ordered  :  That  each  of  said  companies  and  said  Receivers  within  five  days  after  service  upon  them 
of  this  order  notify  the  Commission  in  writing  whether  the  terms  of  said  order  are  accepted  and  will 
be  obeyed. 

Travis  H.  Whitney,  Esq.,  New  York,  November  27th,  1909. 

Secretary  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  your  letter  of  the  23rd  instant,  enclosing  final  order  in  case  No.  11 70,  by  which  I  am 
directed  to  see  that  all  my  cars  are  equipped  with  suitable  apparatus  for  heating,  and  that  the  tem- 
perature in  all  of  them  shall  be  maintained  at  not  less  than  40  nor  more  than  65  degrees,  Fah- 
renheit, and  that  a  copy  of  these  regulations  be  placed  in  the  cars;  and  finally  you  ask  whether 
this  order  of  the  Commission  is  accepted  and  will  be  obeyed. 

In  reply  I  would  say  that  all  the  cars  controlled  by  me  are  equipped  with  the  best  heating 
apparatus  known,  and  I  sent  to  you,  months  ago,  a  copy  of  my  regulations  in  respect  to  the 
same,  all  of  which  I  assume  you  approved,  as  I  have  heard  nothing  to  the  contrary.  I  consider 
that  I  have  thus  done  everything  in  my  power  to  effect  the  result  you  have  seen  fit  to  order. 

387 


I  accept  your  order  No.  1170  and  so  far  as  it  is  applicable  to  me  personally,  I  shall  obey  it 

cheerfully.    But  whether  the  temperature  will  be  maintained  as  you  have  ordered  that  it  shall  be 

maintained,  the  Lord  only  knows. 

Yours  very  truly, 

,  Receiver. 


New  York,  November  23,  1909. 
Frederick  W.  Whitridge,  Esq.,  Receiver, 
Dry  Dock,  East  Broadway  and  Battery 
Railroad  Company,   130th   Street  & 
Third  Avenue,  New  York  City. 

Dear  Sir: 

Transmitted  herewith,  and  hereby  served  upon  you,  is  a  certified  copy  of  a  Complaint  Order  in  Case 
No.  1 178,  adopted  by  this  Commission  at  its  meeting  to-day  upon  the  complaint  of  Wilson  &  Towne  Paper 
Company,  et  al,  against  the  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company,  et  al.,  in  regard  to 
tracks  on  North  Moore  Street.  \ 

Rule  VIII  adopted  by  the  Public  Service  Commission  requires  the  original  answer  to  be  filed  with  the 
Secretary  of  the  Commission  at  its  office  within  the  time  specified,  and  a  copy  thereof  at  the  same  time 
to  be  served  personally  or  by  mail  upon  the  complainant,  and  the  Commission  so  notified. 

The  answer  must  specifically  admit  or  deny  the  material  allegations  of  the  complaint,  and  also  set  forth 
the  facts  which  will  be  relied  upon  to  support  any  such  denial.  If  satisfaction  is  made  before  answering, 
a  written  acknowledgment  thereof  by  the  complainant  must  be  filed. 

In  connection  with  your  acknowledgment  hereof,  I  beg  to  call  your  attention  to  the  provisions  of  Sec- 
tion 23  of  the  Public  Service. Commissions  Law. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
JHG/EH  Secretary. 


STATE  OF  NEW  YORK, 


Tribune  Building,  154  Nassau  Street, 
Borough  of  Manhattan,  City  of  New  York. 


PUBLIC    SERVICE   COMMISSION    FOR   THE  FIRST   DISTRICT. 


WILSON  &  TOWNE  PAPER  COMPANY,  ET  AL., 

Complainants, 

AGAINST 

_  ,  Case  No.  1178. 

THE  DRY   DOCK,   EAST   BROADWAY   &   BATTERY   RAILROAD   COM-  /      Complaint  Order. 

PANY,  and  FREDERICK  W.  WHITRIDGE,  its  Receiver, 

Defendants. 

Tracks  on  North  Moore  Street  between  West  Broadway  and  Washington  Street. 

I 

This  matter  commg  on  upon  the  complaint  of  Wilson  &  Towne  Paper  Company,  et  al,  dated  No- 
vember — ,  1909,  and  received  on  November  23,  1909,  by  which  it  appears  that  said  complainants  are  ag- 
grieved by  acts  done  or  omitted  to  be  done  by  the  above  named  company  and  its  Receiver,  said  defendants, 
and  set  forth  in  said  complaint  which  are  claimed  to  be  in  violation  of  some  provision  of  law,  or  of  the 
terms  of  defendants'  franchise,  or  of  an  order  of  this  Commission. 

NOW,  upon  said  complaint,  it  is 

ORDERED:  That  a  copy  of  said  complaint  be  forwarded  to  the  Dry  Dock,  East  Broadway  &  Bat- 
tery Railroad  Company  and  Frederick  W.  Whitridge,  its  Receiver,  said  defendants,  and  that  the  matters 
therein  complained  of  be  satisfied  or  the  charges  in  such  complaint  set  forth  be  answered  in  writing  by 
said  defendants  within  ten  days  after  service  upon  them  of  this  order,  exclusive  of  the  day  of  service. 

388 


PUBLIC  SERVICE  COMMISSION, 
FIRST  DISTRICT. 


IN  THE  MATTER 

OF 

The  Petition  of  WILSON  &  TOWNE  PAPER  COMPANY  and  other  persons 
similarly  situated,  against  the  DRY  DOCK,  EAST  BROADWAY  &  BATTERY 
RAILROAD  COMPANY,  relative  to  repairing  its  tracks  on  North  Moore  Street, 
between  West  Broadway  and  Washington  Street,  Manhattan,  New  York  City. 

Your  petitioners   respectfully   allege   as   follows : 

I.  That  the  Dry  Dock,  East  Broadway  &  Battery  Railroad  Company  is  a  New  York  Corporation  and 
operates  a  line  of  horse  cars  upon  the  surface  of  North  Moore  Street,  in  the  Borough  of  Manhattan,  New 
York  City,   between   West   Broadway  and   Washington  Street. 

II.  That  upon  said  North  Moore  Street  between  said  West  Broadway  and  said  Washington  Street  said 
Dry  Dock,  East  Broadway  &  Battery  Railroad  Company's  tracks  consist  of  old-fashioned  round-topped  rails 
of  such  a  character  or  laid  in  such  a  way  that  wagons,  trucks  and  other  vehicles  when  loaded  are  unable 
after  geting   upon   said   tracks  to  get  off   of  them   again  without  great  trouble,  delay  and  inconvenience. 

III.  That  North  Moore  Street  between  the  blocks  above  mentioned  is  a  street  upon  which  much 
heavy  trucking  is  done  and  that  because  of  the  condition  of  said  track  many  of  said  trucks  become  stalled  in 
said  street,  frequently  breaking  or  otherwise  injuring  their  wheels  when  endeavoring  to  pull  out  of  said  track, 
with  the  result  that  North  Moore  Street,  between  the  two  streets  above  mentioned,  is  constantly  blocked 
and  impassable  by  vehicles. 

IV.  That  your  petitioners  are  individuals,  firms  and  corporations  owning  or  leasing  property  on  said 
North  Moore  Street  between  said  two  streets,  and  that  the  above  described  situation  causes  them  great  ex- 
penses, annoyance  and  delay  in  connection  with  the  handling   of   their   business. 

Your  petitioners  further  allege  that  the  congested  condition  of  said  street,  as  above  described,  renders 
it  impossible  for  fire  apparatus  to  get  through  the  street  and  very  seriously  affects  the  protection  from  fire 
to  which  your  petitioners  are  entitled. 

Your  petitioners,  therefore,  pray  that  the  Dry  Dock,   East   Broadway  &   Battery  Railroad  Company  be 
directed  to  repair  its  tracks  on  said   North  Moore   Street  between   West   Broadway  and   Washington   Street 
by  removing  said  old-fashioned  rails  and  replacing  them  with  modern   flat   rails,   such   as   are  now   used  by 
other    surface   lines    generally   throughout   the    City    of  New  York. 
Dated,   New   York,   November       ,    1909. 

Wilson  &  Towne   Paper  Co., 

28  North  Moore  St.,  per  F.  W.  Wilson. 
Pettit  and  Reed, 

S.  K.  Reed,  Secy.,  38-40  North  Moore  St. 
Seeman  Bros., 

53-63   North   Moore   St. 
Van  Loom,  Maguire  &  Gaffney, 
64  and  66  North  Moore   St. 
Lachman  &  Jacobi, 

H.  Kosh,  Treas.,  65-67  North  Moore  St. 

D.  Kaplan  &  Co., 

42  N.   Moore  St. 

E.  L.  Lowe, 

34  North   Moore   St. 
Merchants  Refrigerating  Co.,  27-37  North  Moore   St. 
H.  A.   Metz  &  Co., 

A.   H.  Hein,  Asst.   Secy.,  39-41   North  Moore   St. 
Libby,   McNeil  &  Libby,   C.    M.   Walterson,   Mgr. 
Farbenfabriken    of    Elberfeld    Co., 

Wm.  Diestel,  Treas.,   117  Hudson  St. 
William  Hein,  Jr., 

34   North   Moore   St. 
Worthen  &  Aldrich  Co., 

25  North  Moore  St. 
Michael  Pascarella, 

2-4  North   Moore   St.    , 
Wright  &  Graham  Co.. 

8  North   Moore   St.,  per   S.   Samuell. 
Basische   Company,    C.    B.    Mayer, 

20-24   North   Moore   St. 
Mullen  &  Vultre. 

9  North   Moore   St. 

389 


Travis  H.  Whitney,  Esq.,  New  York,  November  26th,  1909. 

Secretary,  Public  Service  Commission, 
150  Nassau  Street,  New  York. 
Dear  Sir: 

I  have  yours  of  the  23rd  enclosing  complaint  order  No.  1178  in  respect  to  the  condition  of 
the  Dry  Dock,  East  Broadway  &  Battery  Railroad  Company's  tracks  on  North  Moore  Street.  In 
reply  thereto,  I  beg  to  say  that  I  am  quite  aware  that  the  condition  of  the  tracks  on  that  street 
is  unsatisfactory,  and  it  may  be  as  bad  as  the  complaint  states.  I  am  not,  however,  prepared  to 
deal  with  them  quite  yet,  even  if  I  had  the  money,  for  I  don't  know  but  that  it  may  be  cheaper 
to  abandon  them. 

In  any  case,  however,  you  are  aware  that  the  Reorganization  Committee  arranged  to  pro- 
vide a  million  dollars  for  the  repair  of  tracks.  You  are  also  aware  that  your  Commission  re- 
jected their  plan  for  raising  that  money.  I  understand  another  plan  is  to  be  submitted  to  the 
Commission  and  until  that  plan  is  approved,  or  the  money  otherwise  raised,  I  don't  see  what  I 
can  do.  If  there  is  anything  you  can  suggest,  I  shall  be  happy  to  do  it.  Meantime,  such  an 
order  from  your  Commission  as  is  indicated,  would,  under  present  conditions,  be  like  the  order 
of  Pharaoh — number  unknown — to  the  Hebrews  in  respect  to  the  manufacture  of  bricks. 

Yours  truly, 

Copy  sent  to  each  of  the- complainants.  Receiver. 


Messrs.  Pettit  &  Reed,  '  New  York,  November  27th,  1909. 

38-40  N.  Moore  Street, 
City. 
Dear  Sirs: 

I  enclose  herewith  copy  of  my  reply  to  your  complaint  dated  November,  to  the  Public  Ser- 
vice Commission  in  respect  to  the  tracks  on  North  Moore  Street.  I  am  anxious  to  meet  the  de- 
mands of  the  public  in  respect  to  this  and  all  other  matters,  but  at  the  moment  it  is  impossible 
for  me  to  do  anything. 

I  hope  within  a  month  or  two  to  be  able  to  take  the  matter  up  and  I  hope  to  be  able  to- 
dispose  of  it  to  your  satisfaction  and  that  of  the  Commission. 

Yours  truly, 
."enclosure :  Receiver. 

Similar  letter  sent  to  each  complainant. 

Public    Service    Commission,  I   West  ilith   Street, 

N.  Y.  City.  N.  Y.  City,   Nov.  25,   1909. 

Gentlemen : 

The  Union  Railway  Co.  has  a  waiting  room  at  corner  McLean  Ave.  and  Webster  Ave.  and  I  wish 
to  make  protest  that  this  room  is  closed  at  night  in  this  weather.  Cars  run  only  about  every"  twenty  min- 
utes at  night  and  as  this  place  is  the  connecting  point  of  travel  on  the  East  side,  between  N.  Y.  City  and 
Yonkers,  I  think  this  matter  should  be  called  to  your  attention. 

Yours  very  truly, 

(Signed)     JOHN   C.   WESTON. 
390 


New  York,  November,  29th,  1909. 
Public  Service  Commission, 

154  Nassau  Street, 

New  York  City. 

Dear  Sirs:  ' 

I  have  yours  of  the  27th  enclosing  complaint  of  Mr.  John  C.  Weston  in  respect  to  closing 
of  the  waiting  room  at  the  corner  of  McLean  and  Webster  Avenues. 

In  reply  thereto  I  beg  to  say  that  this  waiting  room  was  erected  by  me  as  a  public  con- 
venience, without  any  request  or  complaint  from  anybody  as  to  its  absence.  It  has  only  been 
opened  one  week.  Of  course  it  is  intended  to  be  kept  open  at  night  and  if  it  was  shut  and  Mr. 
Weston  wanted  to  sit  in  it,  there  must  have  been  some  special  reason  for  it. 

I  hope  the  Public  Service  Commission  will  share  my  amusement  at  finding  that  a  public 

convenience   installed  through   an   excess  of  zeal  on  my  part,  should  almost  immediately  be  the 

subject   of  a   complaint. 

Yours  truly, 

Receiver. 


New  York,  November  29th,  1909. 
Mr.  John  C.  Weston, 

I  West  I  nth  Street, 

City. 

Dear  Sir: 

I  send  you  herewith  copy  of  my  reply  to  the  Public  Service  Commission  to  your  complaint 

dated  November  24th. 

Yours  truly, 

Enclosure :  •  Receiver. 


New  York,  December  2nd,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

Referring  further  to  your  letter  of  November  23rd  in  respect  to  complaint  order  No.  11 78. 

I  enclose  to  you  herewith  a  report  from  my  engineer  in  charge  of  the  Maintenance  of  Way, 

from  which  it  would  appear  that  the  situation  is  not  quite  as  bad  as  the  complainants  think  it  is, 

and  inasmuch  as  the  amount  required  to  make  the  repairs  which  seems  to  us  necessary,  is  so 

much  smaller  than  I  expected,  I  am  happy  to  assure  the  Commission  that  I  have  directed  the 

work  to  be  done  forthwith. 

Yours  truly. 

Enclosure :  Receiver. 

391 


New  York,  December  2nd,  1909. 
Mr.  E.  M.  T.  Ryder, 

Engineer,  Maintenance  of  Way. 
Dear  Mr.  Ryder: 

Mr.  Maher  hands  me  your  letter  of  November  30th  in  respect  to  Public  Service  Com- 
mission Order  #iiyS,  as  to  the  condition  of  the  tracks  on  North  Moore  Street,  from  which  it 
appears  that  the  cost  of  doing  what  work  you  consider  necessary,  is  not  exceeding  $7000.  I  de- 
sire that  you  will  proceed  to  make  the  repairs  in  accordance  with  your  suggestion  not  exceeding 

the  above  amount. 

Yours  truly, 

Receiver. 


November  30th,  1909. 

Re:  NORTH  MOORE  STREET,  PUBLIC  SERVICE  COMPLAINT  ORDER   IN   CASE 

NO.  1 178. 
Mr.  E.  A.  Maher, 

General  Manager. 

Dear  Sir: 

I  am  returning  herewith  letter  from  Travis  H.  Whitney  to  Mr.  Whitridge,  dated  Novem- 
ber 23rd,  and  attached  certified  copy  of  a  complaint  order  in  case  No.  11 78. 

I  notice  that  Mr.  Whitney's  letter  states  in  paragraph  three  "The  answer  must  specifically 
admit  or  deny  the  material  allegations  of  the  complaint,  and  also  set  forth  the  facts  which  will 
be  relied  upon  to  support  any  such  denial." 

Accordingly   I  beg  leave  to  report   as   follows: 

Referring  to  the  numbered  paragraphs  of  the  petition:  Paragraph  No.  i — The  allegation 
IS  correct. 

Paragraph  No.  2 — The  allegation  is  incorrect  in  stating  that  "the  old-fashioned  round-topped 
rails"  extend  from  West  Broadway  to  Washington  Street,  as  they  extend  only  from  West 
Broadway  to  Greenwich  Street.  The  rails  from  Greenwich  to  Washington  Streets  are  trilby 
rails  and  the  pavement  is  of  granite  and  in  good  condition. 

The  allegation  is  further  technically  incorrect  in  stating  that  the  rails  are  "round-topped" 
as  the  rails  are  of  the  flat,  center  bearing  type,  spiked  to  wooden  stringers. 

The  allegation,  however,  is  practically  correct  in  its  statement  that  the  rails  are  "of  such 
a  character,  or  laid  in  such  a  way  that  wagons,  trucks  and  other  vehicles  when  loaded  are  un- 
able after  getting  upon  said  tracks  to  get  off  of  them  again  without  great  trouble,  delay  and  in- 
convenience." 

The  pavement  between  the  rails  is  of  small  Belgium  block,  irregularly  laid  and  is  in  poor 
condition.  The  rails  themselves  are  old  and  much  worn,  and  the  timber  on  which  they  rest  is  so 
decayed  that  in  many  places  it  does  not  hold  the  spikes  well. 

Paragraph  No.  3 — The  allegation  refers  to  the  injury  of  wagons  and  blocking  of  traffic 
by  reason  of  the  condition  of  the  track.     It  is  probably  correct  to  a  limited  extent. 

.392 


Paragraph  No.  4 — The  allegation  that  it  is  "impossible  for  fire  apparatus  to  get  through  the 
street"  is,  of  course,  untrue,  but  the  movement  of  fire  apparatus  is  doubtless  somewhat  impeded 
by  the  condition  of  the  tracks. 

The  length  of  flat  rail  track  from  West  Broadway  to  Greenwich  Street  is  about  iioo  feet, 
and  the  estimated  cost  of  replacing  it  with  trilby  rail,  laid  on  creosote  ties  with  a  new  granite 
pavement  is  from  $5.50  to  $6.50  a  foot,  depending  on  whether  old  or  new  rail  is  used.  This 
would  amount  in  total  to  from  $6,ooo.cx)  to  $7,000.00. 

Yours  very  truly, 

(S)     E.  M.  T.  RYDER, 
Engineer,  Maintenance  of  Way. 

^Frederick  W.  Whitridge,  Esq.,  New  York,  November  30th,  1909. 

Receiver,  3rd  Ave.   R.   R.  Co., 
130th  St.  &  3rd  Avenue, 
New   York  City. 
Dear  Sir: 

On  October  30th,  at  6:05  A.  M.,  a  policeman  was  caught  between  car  No.  1044  and  an  iron  pillar  at 
jour  car  barn  at  3rd  Ave.  &  65th  Street. 

Our  information  is  that  the  clearance  between  cars  passing  around  this  curve,  especially  the  P.  A.  Y. 
E.  type,  and  the  pillar  is  but  a  few  inches.  The  Commission  would  be  pleased  to  have  you  give  further 
particulars  of  the  accident,  and  also  to  state  if  it  is  possible   to    remove   what   appears   to   be   a   dangerous 

condition.  Very   truly  yours, 

TRAVIS  H.  WHITNEY, 
EGC/LEK  ,  Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  December  7th,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street, 
New  York  City. 
My  dear  Sir: 

I  have  yours  of  the  30th  ult.  in  respect  to  the  accident  at  our  car  barn  October  30th,  when 
a  policeman  was  crushed  between  car  No.  1044  and  a  corner  of  the  doorway.  Your  letter 
speaks  of  a  pillar  which  makes  me  think  there  may  be  some  misunderstanding. 

I  send  you  herewith  a  memorandum  of  the  facts  of  this  accident,  as  reported  to  me,  together 
with  a  photograph,  from  which  you  will  see  the  exact  situation.  Clearly  the  policeman  was  where 
he  had  no  business  to  be — inside  the  building — and  undertook  to  come  out  together  with  the 
car.     I  don't  see  how  a  man  with  his  eyes  about  him  could  have  got  into  such  a  place. 

It  will  be  possible  to  remove  a  part  of  the  wall  at  the  doorway  at  this  point  so  as  to  make  the 

entrance  wider,  or  possibly  to  shift  the  track  so  as  to  get  a  few  inches  further  clearance.     All 

the  track  here  at  this  point  is  expensive  special  work,  and  until  the  Road  gets  its  appropriation 

for  the  repair  to  tracks,  I  do  not  want  to  undertake  to  do  anything  with  it.    I  hope  you  will  agree 

that,  unfortunate  as  this  accident  was,  it  was  clearly  and  solely  the  fault  of  the  policeman,  who 

was  where  he  had  no  business  to  be. 

Yours  truly. 

Enclosure :  Receiver, 

393 


MEMORANDUM. 

REGARDING   ACCIDENT    WHICH    OCCURRED  ON    OCTOBER   30TH    LAST,    AND    RESULTING 
IN  THE  DEATH  OF  POLICE  OFFICER  JOHN  C.  MACKEY. 

At  about  6  A.  M.  on  said  date  car  t  ,1044  was  standing  on  the  second  track  from  65th  Street,  rails 
of  which  lead  to  northbound  track.  The  front  of  car  was  located  just  inside  of  house  line.  Motornian, 
Jacob  Schlick,  states  that  he  was  assigned  to  said  car  and  was  walking  toward  it  when  he  noticed  the  Of- 
ficer walking  slowly  around  inside  of  the  building  and  immediately  to  the  south  of  said  car.  Both  men 
greeted  each  other,  passing  the  time  of  day,  Motorman  boarded  front  platform  and  was  shutting  the  doors 
and  otherwise  preparing  the  car  for  service  when  the  Officer  passed  around  in  front  of  car  and  proceeded 
to  again  walk  slowly  inside  of  building,  passing  on  north  side  of  car.  Motorman  states  that  when  he  last 
saw  the  Officer  prior  to  the  accident  the  latter  was  standing  about  10  feet  inside  of  house  line.  That  at 
that  moment  he  heard  the  Starter  signal  him — by  whistle.  Motorman  tapped  twice  on  foot  gong  and  re- 
ceiving two  bells  from  conductor  started  car.  As  front  end  of  same  took  the  curve  and  swung  to  the 
north  motorman  heard  an  outcry  and  at  the  same  time  receiving  three  bells  brought  car  to  a  full  stop 
on  the  curve. 

It  appears  from  the  testimony  of  witnesses  that  as  the  front  of  car  took  the  curve  the  Officer  became 
wedged  between  center  of  north  side  of  car  (6th  panel)  and  the  door  jamb  of  sheet  iron  partition  which 
is  used  as  screen  to  ground  floor  of  building.  The  injured  man  sustained  fracture  of  rib  which  punctured 
the  lung,   death  resulting  shortly  thereafter  in  the   Presbyterian  Hospital. 

Conductor,   who  was   on   rear  platform,   did   not  notice  the  Officer  prior  to  the  happening. 

We  have,  however,  the  testimony  of  acting  watchman,  William  Maloney,  who  had  been  assisting  the 
conductor  in  overturning  the  seats,  and  who  as  car  started  from  the  building  alighted  from  rear  platform. 
As  he  stepped  to  pavement  he  says  he  noticed  the  officer  some  8  or  10  feet  inside  of  building  and  that 
just  as  car  started  he  saw  the  Policeman,  who  had  been  facing  east,  turn  and  walk  a  few  steps  westwardly 
with  car,  the  mishap  resulting. 

A  careful  canvass  about  the  scene  of  accident  was  made  on  the  date  of  occurrence,  but  no  additional 
eye  witnesses  could  be  located. 

We  recently  learned  that  motorman  Furlong,  badge  838,  of  the  Third  Ave.  Division,  saw  Officer 
Mackey,  standing  within  a  few  feet  of  the  point  where  he  was  injured  about  half  an  hour  prior  to  time 
of  accident  and  that  he  at  that  time  warned  Mackey  that  he  was  in  a  dangerous  position  as  cars  passed 
in  and  out  at  short  intervals. 

There  has  evidently  been  some  inclination  of  the  part  of  Mackey's  brother  officers  to  "cover"  him  as 
the  police  blotter  reads  in  part  "while  standing  in  dooi-way  leading  to  car  barn,"  etc.  However,  there  is 
no  testimony  available  by  which  this  theory  could  be  proved. 

The  coroner's  inquest  took  place  this  A.  M.  The  employee  witnesses  referred  to  hereinbefore  testified. 
An  Officer  attached  to  the  East  67th  Street  Police  Station  also  took  the  stand,  stating  that  he  did  not 
know  of  the   existence  of  any  eye  witnesses  other   than  watchman  Maloney. 

Motorman    was   discharged    from   custody. 

To  fully  remove  the  probability  of  a  similar  accident,  and  in  order  to  procure  more  clearance  between 
the  track  and  the  northerly  jamb  of  the  door,  it  would  be  advisable  to  move  said  jamb  about  one  foot  further 
north,  thereby  increasing  the  width  of  the  door  one  foot. 

This  would  give  eighteen  inches  clearance  on  the  narrow  portion  of  the  curve,  and  would  be  the  most 
practicable  manner  of  remedying  the  trouble. 

Dated,   December  6th,   1909. 


New  York,  December  9,   1909. 
Frederick  W.  Whitridge,  Esq., 

Receiver,   Third  Avenue  Railroad   Co., 
130th  Street  and  Third  Avenue, 
New  York  City. 
Dear  Sir: 

In  reference  to  the  accident  at  the  car  barn  at  65th  Street  in  which  the  police  officer  was  killed,  it 
appears  that  the  situation  has  been  carefully  investigated  and  considered  by  you.  No  doubt  your  infor- 
mation would  have  suggested  anything  that  could  be  done  or  ought  to  be  done  to  make  the  place  safer, 
and  the  papers  will  be  filed  without  further  attention. 

Yours  very  truly, 
GFD/CWT.  TRAVIS   H.   WHITNEY, 

Secretary. 
394 


(Copy.) 

New  York,  Nov.  29,   1909. 
Gentlemen : 

I  herewith  enclose  a  transfer  ticket  issued  by  the  loth  Avenue  Branch  of  the  Broadway  Line.  I  un- 
derstand this  transfer  ticket  is  good  for  transfer  to  the  59th  Street  Crosstown  cars  at  59th  Street  and  loth 
Avenue ;   would  you  kindly  let  me  know  why  this  fact  is  not  printed  on  these  transfers  and  oblige, 

Respectfully  yours, 

285   Central   Park  West.  (Signed)     OTTO    KAUFMAN. 

To   the   Public   Service   Commission. 


Travis  H.  Whitney,  Esq.,  New  York,  December  4,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 
My  dear  Sir: 

I  have  yours  of  the  2nd  instant  together  with  a  communication  from  Mr.  Otto  Kaufman  in 

respect  to  the  form  of  transfer  tickets  issued  on  the  Tenth  Avenue  Branch  of  the  Broadway 

Line.     The  reason  why  the  transfer  to  59th  Street  is  not  printed  on  these  tickets  is  because  the 

form  was  settled  by  counsel.     Frankly  I  do  not  know  why  the  counsel  omitted  the  59th  Street 

Road.     I  think  it  is  barely  possible  that  the  matter  was  of  so  little  importance  that  we   were 

trying  to  save  printing. 

Yours  truly, 

Copy  to  Mr.  Otto  Kaufman.  Receiver. 


Mr,  Otto  Kaufman,  New  York,  December  4,  1909. 

285  Central  Park  West, 
New  York  City. 
Dear  Sir: 

I  have  received  from  the  Public  Service  Commission  copy  of  your  complaint  to  them  in  re- 
spect to  transfer  tickets  issued  on  the  Tenth  Avenue  Line,  and  enclose  herewith  copy  of  my  reply. 

Yours  truly, 
Enclosure :  Receiver. 


Mr.  F.  W.   Whitridge,  Receiver,  New  York,  December  and,  '09. 

42nd  St.  Manhattanville  &  St.  Nicholas  Ave.  R.  R. 
130th   Street  &  3rd  Avenue, 
New  York  City. 
Dear    Sir : — 

In  further  reference  to  providing  stop-signs  in  designated  locations  for  the  Crosstown,  Broadway 
&  loth  Avenue  cars  in  the  vicinity  of  Grand  Central  Station,  as  taken  up  informally  through  Mr. 
Maher,  conferences  have  been  held  with  interested  parties  in  reference  to  obtaining  suitable  and  con- 
venient  locations    for   such   stops. 

You    will    be    interested    in    the    following   locations : — 

I : — For  westbound  cars  in  42nd  St.  just  west  of  Vanderbilt  Avenue.  Mr.  S.  G.  Rhodes  of  the  New 
York  Edison  Company,  117  West  39th  Street,  will  give  permission  to  erect  a  sign  on  their  post  at  the 
northwest  comer  of  Vanderbilt  Avenue  &  42nd  Street.  The  type  of  sign  will  have  to  be  approved 
by  Mr.  E.  F.  Lacombe,  Chief  Engineer,  Dept.  of  Water  Supply,  Gas  &  Electricity.  At  Mr.  Lacombe's 
office  we  were   informed  that  they   would   approve   any    suitable    sign. 

395 


2: — For  eastbound  cars  in  42nd  Street  opposite  Lincoln  Trust  Company  building.  Mr.  Murphy, 
Secretary  &  Treasurer  of  the  Company,  was  willing  to  permit  a  sign  to  be  attached  to  their  canopy 
support.      It    has    been    suggested    to    Mr.    Oren    Root  that  he  provide  this  sign. 

3 : — At  the  east  side  of  Park  Avenue  in  42nd  Street,  the  signs  can  be  attached  to  the  Elevated 
structure.  Your  relations  with  the  Interborough  Company  are  such  that  it  has  been  assumed  that  you 
will  have  no  difficulty  in  securing  permission  for  attaching  these  signs.  We  have  not  taken  this  matter 
up    with    them. 

Passengers  using  the  above  lines  are  subjected  to  considerable  inconvenience  now,  because  of 
their  lack  of  knowledge  of  the  stopping  places.  It  is  hoped  that  signs  as  suggested  can  be  installed  within 
a  short  while,  and  pending  the  installation  of  the  signs,  that  the  car  crews  will  be  instructed  to  announce 
ihe    designated    stopping    places. 

Please  reply  stating  when  the  necessary  signs  can   be   installed. 

Very  truly  yours, 

DLT/AJC.  TRAVIS   H.   WHITNEY, 

Secretary. 


New  York,  December  7th,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street, 
New  York  City. 
My  dear  Sir: 

I  have  yours  of  the  2nd  in  reference  to  the  location  of  signs  at  42nd  Street,  and  am  very 
much  obliged  to  the  Commission  for  the  trouble  they  have  taken  in  finding  out  where  these 
signs  may  be  located.  Tt  will  undoubtedly  be  a  convenience  to  have  such  signs,  and  I  have  in- 
structed that  they  be  located  substantially  at  the  points  mentioned  by  you,  which  will  be  illum- 
inated by  night  and  visible  by  day.     I  do  not  know  exactly  how  long  it  will  take,  but  I  think  it 

■will  be  done  practically  at  once. 

Yours  truly, 

Receiver. 


New     York,  December  7,  1909. 
Erederick  W.  Whitridge,  Esq., 

Receiver,    Third   Avenue   Railroad    Company, 
130th   Street  &  Third  Avenue, 
New  York   City,   N.   Y. 
Dear  Sir: 

Transmited  herewith,  and  hereby  served  upon  you  is  a  certified  copy  of  an  Order  in  Case  No.  1181, 
adopted  by  this  Commission  at  its  meeting  today,  directing  a  hearing  upon  the  application  of  the  Bond- 
holders' Committee  of  the  Third  Avenue  Railroad  Company  for  the  approval  of  a  certain  plan  of  re-organi- 
zation and  issue  of  securities  thereunder. 

In  connection  with  your  acknowledgment  hereof,  I  beg  to  call  your  attention  to  the  provisions  of 
section   23  of   the   Public   Service   Commissions   Law. 

Very    truly   yours, 

TRAVIS  H.  WHITNEY, 
JHG/HJC  Secretary. 

396 


Case  No.  1181, 
Hearing  Order 
with  Notice. 


STATE  OF  NEW  YORK, 

PUBLIC   SERVICE  COMMISSION   FOR  THE   FIRST   DISTRICT. 

In  the  Matter 

of  the 

Application  of  JAMES  N.  WALLACE,  ADRIAN  ISELIN,  EDMUND  D. 
RANDOLPH,  MORTIMER  L.  SCHIFF,  JAMES  TIMPSON,  and  HARRY 
BRONNER,  composing  a  Bondholders'  Committee  of  Bonds  issued  under  the 
First  Consolidated  Mortgage  of  the  THIRD  AVENUE  RAILROAD  COMPANY, 
dated  May  15,  1900;  for  Approval  of  the  Issue  of  $15,790,000.  First  Refunding 
Mortgage  Bonds,  $22,536,000.  Adjustment  Mortgage  Income  Bonds,  $16,590,000. 
Capital  Stock  by  a  New  Company  contemplated  in  the  Plan  of  Reorganization  of 
said  Third  Avenue  Railroad  Company. 

WHEREAS,  it  appears  that  James  N.  Wallace,  Adrian  Iselin,  Edmund  D.  Randolph,  Mortimer  L. 
Schiff,  James  Timpson  and  Harry  Bronner,  composing  a  Bondholders'  Committee  of  Bonds  issued  under 
the  First  Consolidated  Mortgage  of  the  Third  Avenue  Railroad  Company,  dated  May  15,  1900,  have 
prepared  a  plan  for  the  reorganization  of  said  Third  Avenue  Railroad  Company,  which  plan  contemplates 
the   formation  of  a  new  company  and  the  issue  by  it  of  new  securities ;  and 

WHEIREAS,  the  Public  Service  Commission  for  the  First  District  has  received  the  petition  of  the 
said  Committee,  verified  December  2,  1909,  praying  the  approval  of  the  Commission  to  the  plan  and 
agreement  for  reorganization  and  for  an  order  stating  that  in  the  opinion  of  the  Commission  the  capital 
to   be   secured   by   the  aforesaid   securities   is   reasonably    required   as    prayed    in    said   petition,    it    is 

ORDERED,  That  said  petition  and  application  be  heard  by  the  Commission  on  the  15th  day  of 
December,    1909,    at   2:30   o'clock    in    the   afternoon. 

That  said  Committee  of  Bondholders  prior  to  the  time  of  said  hearing  file  with  the  Commission  25 
printed  copies  of  the  petition  and  plan  for  reorganization  and  publish  a  notice  of  the  time  and  place 
of  the  said  hearing  upon  said  petition  in  the  following  newspapers  published  in  the  City  of  New  York, 
namely :  The  New  York  Commercial  and  the  Evening  Post,  upon  at  least  three  separate  days  prior  to 
the  date  of  said  hearing,  which  notice  shall  contain  a  statement  that  copies  of  the  petition  and  plan 
for  reorganization  may  be  obtained  upon  application  to  a  specified  address  by  creditors,  bondholders 
or  stockholders  of  the  Third  Avenue  Railroad  Company,  and  file  proof  of  said  publication  with  the 
Secretary  of  the   Commission   on  or  before  the   opening   of    said    hearing. 

The   notice   shall    be   in   the   following   form,  to  wit: 

NOTICE. 
NOTICE  IS  HEREBY  GIVEN  that  the  undersigned,  composing  a  Bondholders'  Committee  of  Bonds 
issued  under  the  First  Consolidated  Mortgage  of  the  Third  Avenue  Railroad  Company,  dated  May  15, 
1900,  have  made  application  to  the  Public  Service  Commission  for  the  First  District  for  the  approval 
of  said  Commission  to  a  plan  and  agreement  for  reorganization  of  said  company  and  the  issue  by  a 
new  company  thereunder  of  $15,790,000.  First  Refunding  Mortgage  Bonds,  $22,536,000.  Adjustment 
Mortgage  Income  Bonds,  $16,590,000.  Capital  Stock,  and  the  said  application  will  be  heard  by  and  before 
said  Commission  at  its  office,  No.  154  Nassau  Street,  Borough  of  Manhattan,  City  of  New  York,  on 
the  15th  day  of  December,  1909,  at  2 130  o'clock  in  the  afternoon,  and  that  copies  of  said  petition  and 
plan  of  reorganization  may  be  obtained  by  creditors,  bondholders  or  stockholders  of  the  Third  Avenue 
Railroad  Company  upon  application  to  the  undersigned  at 
in   the    City   of   New   York. 

Dated,   New   York,   December       ,    1909. 

JAMES   N.   WALLACE,   ADRIAN   ISELIN,    EDMUND    D.    RANDOLPH,    MORTIMER    L. 
SCHIFF,  JAMES  TIMPSON   and   HARRY   BRONNER, 

composing  a   Bondholders'   Committee    of    Bonds    issued    under    the    First    Consolidated 
Mortgage  of  the  THIRD  AVENUE  RAILROAD  COMPANY,  dated  May   15,  1900. 


397 


Travis  H.  Whitney,  Esq.,  New  York,  December  8th,  1909. 

Secretary,   Public  Service  Commission, 
154  Nassau  Street, 
Dear  Sir: 

I  have  yours  of  the  7th  enclosing  Hearing  Order  No.  1181,  for  which  I  am  much  obliged 

to  you. 

Yours  truly, 

Receiver. 


THE  NORTH  VAN  NEST  TAXPAYERS'  ASSOCIATION. 

Morris    Park   &   White    Plains   Aves.,    Bronx,    N.    Y. 

Nov.   29,    1909. 
Public   Service   Commission, 

Tribune  BIdg.,  N.  Y.  City. 
Gentlemen :  > 

I  have  been  instructed  by  the  above  Association  to  call  your  attention  to  the  unsatisfactory  service 
of  the  Union  Railway  in  this  section  of  the  Bronx.  At  present,  most  of  the  Boston  Road  cars  are  switched 
back  at  West  Farms,  allowing  only  a  few  cars  to  come  up   Morris   Park  Avenue,   to  serve  this   section. 

Last  year,  when  a  Committee  called  on  the  officials  of  the  Union  Railway  Co.,  asking  that  all 
Boston  Road  cars  be  sent  up  Morris  Park  Avenue,  they  stated  that,  as  soon  as  Morris  Park  Ave.  was 
paved  and  put  in  order,  they  would  send  all  Boston  Road  cars  up  Morris  Park  Avenue.  Morris  Park 
Ave.  has  been  in  perfect  order  for  some  time  and  the  Union  Railway  Co.  has  failed  to  keep  their  promise. 
Therefore  we  would  ask  you  to  look  into  this  matter  and  give  us  the  relief  which  we  are  positive  we  are 
entitled  to. 

In  the  last  three  years  this  section  has  increased  fully  100%  in  population  and  many  of  the  people 
would  gladly  ride  in  the  mornings  and  at  night,  if  there  were  suitable  service,  and  it  is  a  well-known 
fact  that  people,  getting  off  at  the  subway  station  at  177th  Street,  to  take  a  Morris  Park  Avenue  car, 
reach  their  destination  in  Van  Nest  much  later  than  those  who  ride,  to  the  station  at  i8oth  St.  and  walk 
home.  This  walk  is  not  very  pleasant  at  all  times  of  the  year,  and  a  growing  section  like  this  ought 
to  have  the  same  schedules  on  its  surface  line  as  well   as   any   other  part   of   the   City. 

We  are  commercially  and  geographically  a  part  of  New  York  City  and  desire  to  be  treated  the  same 
as   any   other   part   of   the    City. 

Thanking  you  in  advance  and  asking  you  to  give   this   your   immediate   attention,    I    remain 

Very    respectfully    yours, 

JOSEPH  W.  ROSENZWEIG, 
1833  Holland  Ave.,  Corresponding   Secy. 

Bronx,  N.  Y. 


Travis  H.  Whitney,  Esq.,  New  York,  December  loth,  1909. 

Secretary,  Public  Service  Commission, 

154  Nassau  Street, 

New  York  City. 
Dear  Sir: 

I  have  yours  of  the  8th  enclosing  the  complaint  of  Joseph  W.  Rosenzweig.  It  is  quite  true 

that  last  year  some  Committee  asked  that  the  Boston   Road   cars    should   be   sent   up    Morris 

Park  Avenue.     It  is  not  true  that  we  ever  said  that  all  of  them  would  be  so  sent  up,  and  until 

the  paving  of  that  road  was  finished  we  thought  it  inadvisable  to  send  up  any  at  all.    That  work 

398 


has  now  been  completed  and  I  am  quite  ready  to  send  up  a  certain  number  of  cars  during  the 
rush  hours  in  the  morning  and  the  evening  to  see  whether  or  not  such  service  would  pay.  We 
have  not  done  so  hitherto  because  the  traffic  appeared  to  be  insufficient,  I  am  quite  ready  to 
make  the  experiment  and  have  directed  that  it  be  made.  I  do  not  propose  to  send  up  all  the 
Boston  Road  or  West  Farms  cars,  but  only  such  number  as  I  suppose  will  be  necessary  to  accom- 
modate the  traffic  Mr.  Rosenzweig  presupposes. 

In  reference  to  this  matter  I  refer  you  to  a  letter  written  by  my  General  Manager  of  March 
23rd  last  which  states  more  fully  the  situation. 

Yours  truly, 
Copy  to  Mr.  Rosenzweig.  Receiver. 


New  York,  December  loth,  1909. 
Mr.  Joseph  W.  Rosenzweig, 

1833  Holland  Avenue, 

Bronx. 

Dear  Sir: 

The  Public  Service  Commission  have  sent  me  copy  of  your  complaint  to  them  and  I  enclose 

herewith  copy  of  a  letter  I  am  sending  them  to-day  in  respect  to  the  matter. 

Yours  truly, 

Enclosure :  Receiver. 


MEMORANDUM. 

The  annexed  letter  is  a  copy  of  one  sent  to  the  Public  Service  Commission  some  time  ago,  upon 
the    question    of    operating   cars    upon    our    West    Farms   Line    through   to   Morris    Park. 

The  improvements  referred  to  have  been  completed,  and  we  are  of  the  opinion  to  operate  cars 
during  the  morning  and  evening  rush  hours  to  the  point  designated  will  not  increase  very  materially 
the   expense   of   operation,   and   will    satisfy   the   parties    complaining    of    the    service. 

To  be  asked  to  operate  all  of  the  cars  of  this  line,  during  the  entire  day,  is  unreasonable  and  unnec- 
essary, and  we  do  not  believe  the  Commission  will  insist  upon   it. 

E.  A.  M. 


New  York,  March  23rd,  1909. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

Tribune  Building,  154  Nassau  Street, 

New  York  City. 
Dear  Sir: 

Answering  the  complaint  of  James  J.  Mulkeon,  in  which  he  requests  the  Commission  to 
take  steps  to  ascertain  if  the  residents  of  the  districts  adjacent  to  Morris  Park  would  not  be  bet- 
ter served,  and  the  Union  Railway  Company  be  not  subjected  to  undue  expense  or  hardship  by 
the  running  of  all  cars  from  128th  Street  via  Boston  Road  to  the  terminal  of  Morris  Park 
Avenue  line  at  the  same  intervals  for  day  and  night  service  as  the  cars  are  now  operated,  we 

desire  to  submit  the  following: 

.399 


1st.  The  schedule  under  which  the  West  Farms  line  is  operated  is  one  that  was  ordered  by 
the  Commission  of  the  date  of  November  27th,  1907,  after  a  thorough  investigation  had  been 
made  by  inspectors  of  the  Commission  as  to  traffic  requirements  and  conditions  upon  the  lines 
of  the  Union  Railway  Company. 

Since  that  order  went  into  effect  the  Company's  officers  have  endeavored  to  faithfully 
carry  out  the  schedule  in  detail,  and  we  are  of  the  opinion  the  service  is  satisfactory  to  a  large 
percentage  of  its  patrons. 

2nd.  From  actual  figures  presented  we  find  that  about  ninety  per  cent,  of  the  passengers- 
carried  upon  the  West  Farms  line  live  or  do  business  in  that  part  of  the  territory  lying  west  and 
south  of  the  West  Farms  terminal,  and  to  verify  those  figures  we  had  a  canvass  made  of  the  num- 
ber of  passengers  carried  from  March  14th  to  20th,  inclusive  upon  this  line,  and  which  shows 
of  a  total  of  125,452,  there  was  103,763  boarded  or  alighted  from  cars  south  of  the  West  Farms 
terminal,  and  11,689  boarded  or  alighted  from  cars  east  of  the  West  Farm  terminal.  To  ask 
the  Company  to  give  the  same  measure  of  service  in  a  sparsely  settled  territory  as  is  required 
in  a  thickly  populated  one  is  unreasonable. 

3rd.  To  extend  the  service  so  that  all  cars  upon  the  West  Farms  line  should  be  operated 
as  suggested  in  the  complaint,  would  mean  an  increase  of  16%  in  the  number  of  cars  necessary 
to  cover  the  lines  under  the  present  schedule,  with  a  corresponding  increase  in  car  mileage  and  cost 
of  operation,  and  without  any  expected  increase  in  earnings  or  in  the  number  of  passengers 
carried. 

4th.  We  are  informed  that  a  contract  has  recently  been  made  by  the  City  Authorities,  for 
the  paving,  grading  and  curbing  of  Morris  Park  Avenue,  for  its  entire  length,  and  while  the 
improvement  is  under  way,  it  will  mean  much  interruption  to  traffic  upon  the  Avenue,  a  conse- 
quent delay  in  the  operation  of  cars,  and  inconvenience  to  the  patrons  of  the  line,  a  large  per- 
centage of  which  would  not  be  effected  if  the  present  schedule  and  method  of  operation  is  not 
interfered  with. 

5th.  We  would  respectfully  suggest,  with  a  desire  to  please  our  patrons  as  a  counter  prop- 
osition, that,  when  the  proposed  improvements  on  Morris  Park  Avenue  are  completed,  that  the 
Company  operate  all  its  West  Farms  cars  from  128th  Street  to  Morris  Park  Avenue  terminal 
during  the  rush  hours,  mornings  and  evenings,  and  to  operate  a  sufficient  number  to  maintain  the 
present  schedule,  during  these  hours,  which  service  in  our  judgment  would  be  satisfactory  to 

every  reasonable  patron  of  the  line. 

Yours  very  truly, 

(Signed)     EDWARD  A.  MAKER, 

General  Manager  Under  Receiver. 

Frederick  W.  Whitridge,  Esq.,  New  York,  December  nth,  1909. 

Receiver,  3rd  Avenue   R.   R.   Co., 
130th    St.    &    3rd    Avenue, 
New    York    City. 
Dear  Sir: 

Referring  to  yours  of  the  4th  inst.  in  reference  to  communication  from  Mr.  Otto  Kaufman  in  respect 
to   the    form    of    transfer   tickets    issued    on    the   Tenth  Avenue  Branch  of  the  Broadway  Line : 

As  long  as  there  is  an  interchange  of  transfers  between  your  loth  Ave.  branch  and  the  59th  St.  Line, 
the   designation   should   be   printed   on   the   transfer   tickets. 

400 


The  transfer  tickets  issued  by  the  59th  St.  Line  have  this  designation  printed  on  them.  The  tickets 
issued  by  your  loth  Ave.  line  have  nothing  on  them  to  showr  that  the  ticket  is  good  on  the  59th  St. 
Line,  and  I  would  respectfully  ask  that  you  have  the  designation  of  transfer  to  the  59th  St.  Line  printed 
thereon   on  the   next   lot  of  tickets  ordered  by  your  Company. 

Will  you  kindly  advise  the  Commission  if  this  is   agreeable. 

Very  truly  yours, 

EGC/LEK  TRAVIS  H.  WHITNEY, 

Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  December  13,   1909. 

Secretary,    Public    Service   Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  yours  of  the  nth  instant  in  respect  to  the  transfer  tickets  from  the  Tenth  Avenue 
Line  to  59th  Street,  and  I  have  directed  my  people  the  next  time  these  tickets  are  printed,  to 
have  the  transfer  to  the  59th  Street  Line  mentioned  thereon,  in  accordance  with  your  request. 

Yours  truly, 

Receiver. 

Mr.    Frederick    W.    Whitridge.  New  York,  December   17,   1909. 

Receiver,    Third    Ave.    R.    R.    Co., 
130th    St.   and   3rd   Ave.. 
New  York  City. 
Dear    Sir: 

We  are  transmitting  to  you  under  separate  cover,  ten  blueprints  of  a  tabulation  of  the  passenger 
travel,  by  half  hour  periods,  for  24  hours,  to  and  from   Manhattan  crossing  the   East  River. 

The  observations  were  taken  as   follows : 
Brooklyn  &  Queensborough  Bridges,    Tuesday,   Nov.    i6th, 
Williamsburgh  Bridge,  Wednesday,  Nov.   17th, 

Subway,  Thursday,   Nov.   i8th, 

Ferries,  Nov.   i6th  and   17th, 

The  sheets  are  numbered  as  follows : 
P.  504 —  I  and  2     Brooklyn  Bridge 


3 

and 

4 

Williamsburgh    Bridge 

5 

Queensborough    Bridge 

6 

and 

7 

Ferries 

8 

Subway 

9 

Comparison    of    1908   and    1909 

• 

"           10 

Summary. 

Very    truly   yours, 

DLT/GES 

TRAVIS   H.   WHITNEY. 

Inv.   1362 

Secretary. 

End. 

Travis  H.  Whitney,  Esq.,  New  York,  December  21,   1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir : 

I  have  yours  of  the  17th  enclosing  to  me  ten  blue  prints  of  tabulations  of  the  passenger 
traffic  between  Manhattan  and  Brooklyn  for  twenty-four  hours.     I  suppose,  if  I  were  a  trained 

401 


railroad  man,  I  should  know  what  it  was*  all  about,  but  as  it  is   I  am  unable  to  see  that  the 

tabulations  contained  in  these  sheets  are  of  any  use  or  interest  to  any  man,  woman  or  child 

on  earth,  except  possibly  some  statistician. 

Yours  truly. 

Receiver. 

New  York,  Dec.  17th,  1909. 
The    Public    Service    Commission, 

New  York. 
Gentlemen : 

I  beg  leave  to  call  your  attention  to  the  Amsterdam  Avenue  cars.  I  think  I  can  safely  say  that  they 
have  not  been  heated  so  far  this  season;  besides  this  the  doors  on  many  of  the  cars  get  out  of  order 
very  easily,  which  keeps  the  front  door  of  the  car  open,    the   door   becoming   jammed. 

This  morning  car  443  had  two  of  the  ventilating  windows  broken,  one  pane  of  glass  being  entirely 
out  and  another  had  only  one-half  a  pane. 

By   giving   this   matter   your   kind   attention,   you   will   greatly  oblige, 

Yours  most  respectfully, 

(Signed)  J.  N.  BOYD, 

366  Fifth  Ave., 

New  York. 

New  York,  December  21,  1909. 
Travis  H.  Whitney,  "Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street  New  York  City. 

My  dear  Sir : 

I  have  yours  of  December  20th  enclosing  complaint  of  Mr.  J.  N.  Boyd.  This  is  evidently 
sent  to  me  by  mistake.  All  my  cars  are  heated,  the  doors  are  not  out  of  order,  no  ventilators 
are  broken,  and,  in  particular,  we  have  no  such  car  as  No.  443  running  on  Amsterdam  Avenue. 
I  think  Mr.  Boyd  must  have  got  on  a  green  car,  or  a  blue  car,  or  a  car  that  has  not  yet  been 
repainted  any  color,  belonging  to  somebody  else. 

Yours  truly, 

Receiver. 


New  York,  December  21,  1909. 
Mr.  J.  N.  Boyd, 

366  Fifth  Avenue, 

New  York  City. 

Dear  Sir: 

I  have  received  from  the  Public  Service  Commission  copy  of  your  complaint  in  respect  to 
car  #443,  and  enclose  herewith  copy  of  my  reply. 

Yours  truly, 

Enclosure :  Receiver. 

402 


F.    W.    Whitridge,   Esq.,   Receiver, 

42nd  St.,  Manhattanville  &  St.  N.  Ave.  R.  R.  Co., 
New   York   City,   N.   Y. 


New  York,  December  21,  1909. 


Dear  Sir: 

I  enclose  herewith  a  copy  of  a  letter  from  which  you  will  gather  the  impression  that  Messrs  Murtha 
&  Schmohl  are  far  from  satisfied  with  the  efforts  which  have  been  made  to  satisfy  their  complaint  regard- 
ing the  condition  of  the  tracks  on  109th  Street  between  First  and  Pleasant  Avenues.  It  was  assumed 
from  your  answer  of  November  i8th  that  you  had  the  matter  in  hand  and  would  satisfy  the  complaint, 
and    for    that    reason    no    further    attention    was    given   it  by  this   office. 

I  submit  the  matter  to  you  again  in  the  belief  that  you  have  been  erroneously  led  to  believe  that 
your  orders  for  the  repair  of  the  tracks  had  been  carried  out  and  the  complaint  satisfied.  Will  you  please 
give  the  matter  immediate  attention,  and  advise  the  Commission  as  soon  as  possible  what  will  be  done 
to   remedy  the  conditions  complained  of. 

Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
GFD/PG  Secretary. 

C-3935 


Travis  H.  Whitney,  Esq.,  New  York,  December  23rd,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir: 

I  have  yours  of  the  21st,  but  the  letter  of  Messrs.  Murtha  &  Schmohl  was  not  enclosed. 
At  the  time  of  your  former  letter  in  respect  to  this  business  I  inquired  what  was  necessary  to 
be  done.  I  found  that  to  relay  the  entire  track  on  109th  Street  would  cost  four  or  five  thou- 
sand dollars,  but  that  it  might  be  put  in  what  we  supposed  to  be  sufficiently  good  shape  to  re- 
lieve Messrs.  Murtha  &  Schmohl's  minds  for  a  few  hundred.  I  directed  that  this  expenditure 
should  be  made. 

I  have  this  morning  been  served  with  papers  in  a  suit  by  the  Attorney  General,  to  forfeit 
the  franchise  in  these  streets  and  others,  and  I  read  in  the  public  prints  that  the  suit  is  brought 
at  the  instance  of  the  Public  Service  Commission.  Of  course,  what  the  fact  is  I  do  not  know. 
I  can  hardly  conceive  that  the  Public  Service  Commission  would  be  suggesting  suits  to  for- 
feit the  franchise  on  streets  on  which  they  were,  at  the  same  time,  asking  me  to  spend 
money.*  It  may  be  that  it  will  be  desirable  to  let  the  franchise  go  on  109th  Street  and  Pleas- 
ant Avenue.  I  have  been  talking  with  the  Board  of  Estimate's  engineer  with  reference  to  find- 
ing some  outlet  for  the  iioth  Street  Line,  and  have  contemplated  asking  for  an  extension  to 
the  86th  Street  ferry,  or  I  am  ready  to  do  anything  else  which  the  Board  of  Estimate  or  the 
Public  Service  Commission  may  suggest  to  make  this  iioth  Street  Line  a  public  convenience. 
These  suggestions  have  been  and  are  made  on  the  assumption  that  the  plan  of  reorganiza- 
tion was  likely  to  go  through,  which  would  enable  me  to  buy  suitable  cars  and  pay  for  the 
new  track.  In  view  of  this  suit  of  the  Attorney  General,  and  until  I  have  further  informa- 
tion, I  am  not  disposed  to  do  anything  at  all. 


Yours  truh". 


Receiver. 


♦This    letter    was    not    answered. 


403 


Frederick   W.   Whitridge,    Esq.,  December   23,    1909. 

Receiver,    Third    Avenue    Railroad    Co., 
Third  Avenue  and  130th  Street, 
New  York  City. 
Dear    Sir: 

I  shall  appreciate  it  if  you  will  cause  the  regular  monthly  report  of  accidents  to  be  made  up  and 
forwarded  to  this  office  for  the  month  of  December  by  January  5th.  These  reports  are  regularly  filed 
by  the  loth  of  each  month,  but  for  the  final  making  up  of  the  annual  report  it  will  be  of  very  great 
convenience  if  we  can  have   it  by  the  sth.  Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
GFD/CWT  Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  December  24th,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  yours  of  the  23rd  instant  and  have  directed  that  the  monthly  accident  report  should 
be  furnished  to  you  by  the  5th  instant  in  accordance  with  your  request. 

Yours  very  truly, 

Receiver. 

Frederick  W.  Whitridge,  Esq.,  December   23,    1909. 

Receiver,  Union  Railway  Company, 
130th    Street   and   Third   Avenue, 
New  York  City. 
Dear    Sir : 

Transmitted  herewith,  and  hereby  served  upon  you,  is  a  certified  copy  of  an  Order  in  Case  No.  517, 
adopted  by  the  Commission  at  its  meeting  December  21,  1909,  discontinuing  the  proceeding  upon  the 
complaint  of  Frank  J.  Flynn,  in  regard  to  the  service  after  midnight  on  the  East  i6ist  Street  and 
Morris    Avenue    Lines. 

In  connection  with  your  acknowledgment  hereof,  I  beg  to  call  your  attention  to  the  Provisions  of 
Section  23  of  the  Public  Service  Commissions  Law. 

Verv  trulv  yours, 
JHG/EH  '         '  TRAVIS  H.  WHITNEY, 

Secretary. 

Tribune  Building,   154  Nassau  Street, 
Borough  of  Manhattan,  City  of  New  York. 

STATE  OF  NEW  YORK, 

PUBLIC   SERVICE  COMMISSION    FOR   THE   FIRST   DISTRICT. 

FRANK  J.  FLYNN, 

Complainant, 
against 
UNION    RAILWAY   COMPANY   AND    FREDERICK    W.    WHITRIDGE,   its  I   Case  No.  517. 

Receiver  /      Discontinuance 

Defendants,     f   Order. 

"Failure  to  operate  cars  between   i  :oo  and  S  :oo  A.   M.   on   a  headway  of  twenty 

minutes." 

ORDERED : 

That    the    above    entitled    proceeding  be,  and  the  same  hereby  is,  discontinued. 

404 


Travis  H.  Whitney,  Esq.,  New  York,  December  24th,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  Dear  Sir: 

I  have  yours  of  the  23rd  instant  enclosing  discontinuance  order  in  Case  #517,  for  which  t 

am  much  obliged  to  you. 

Yours  very  truly, 

Receiver. 

Frederick    W.    Whitridge,    Esq.,  New  York,  December  27,   1909. 

Receiver,   Union    Railway   Company 
of   New   York  City, 
130th   Street  and   Third   Avenue, 
New   York  City,   N.   Y. 
Dear    Sir : — 

Transmitted  herewith,  and  hereby  served  upon  you,  is  a  certified  copy  of  an  Order  in  Case  No. 
1 188,  adopted  by  this  Commission  at  its  meeting  to-day,  approving  an  operating  agreement  between  the 
Union    Railway   Company   of    New   York   City   and   the   Westchester  Electric  Railroad   Company. 

In  connection  with  your  acknowledgment  hereof,  I  beg  to  call  your  attention  to  the  provisions  of 
Section   23   of  the   Public   Service   Commissions   Law. 

Very  truly  yours, 
JHG/HJC.  TRAVIS  H.  WHITNEY, 

Secretary. 

At  a  Meeting  of  the  Public  Service  Commission  for  the  First  District,  duly  held 
at  its  office,  No.  154  Nassau  Street,  in  the  Borough  of  Manhattan,  City  and 
State  of  New  York,  on  the  27th  day  of  December,  1909. 

Present : 

William   R.   Willcox. 


Chairman, 
William   McCarroU, 
Edward  M.   Bassett, 
Milo    R.    Maltbie, 
John    E.    Eustis, 


>■  Commissioners. 


In  the  Matter 

of 

The    Application   of  the   UNION     RAILWAY    COMPANY    OF   NEW    YORK 

CITY,  and  Frederick  W.  Whitridge  as  its  Receiver,  and  the  WESTCHESTER 

ELECTRIC   RAILROAD  COMPANY,   and  J.   Addison   Young  as   its   Receiver,  ^^  Case  No    1188. 

for  the  approval  by  the  Public   Service  Commission  for  the  First   District  under 

Section  54  of  the  Public  Service  Commissions  Law  of  a  contract  dated  December 

6,   1909,  affecting  the   franchises  of  said  companies   entered  into  by  and   between 

said  companies  and  their  receivers  in  reference  to  operation  of  cars  on  the  lines 

of  said  companies. 

The  Union  Railway  Company  of  New  York  City,  and  Frederick  W.  Whitridge  as  its  Receiver,  and 
the  Westchester  Electric  Railroad  Company,  and  J.  Addison  Young  as  its  Receiver,  having  made  appli- 
cation to  the  Public  Service  Commission  for  the  First  District  by  petition  duly  verified  and  filed  and 
accompanied  by  the  documents  required  by  the  rules  of  practice  of  the  Commission  for  the  approval 
by  the  Public  Service  Commission  for  the  First  District,  pursuant  to  the  provisions  of  Section  54  of 
the   Public   Service   Commissions   Laws,   of   a   contract    dated    December    6,    1909,    affecting    the    franchises 

405 


of    said    companies    entered    into    between    said    companies    and    their    receivers    in    reference    to    operation 
of  cars  as   follows : 

(a)  Operation  by  the  Westchester  Electric  Railroad  Company  of  its  cars  in  common  with  the  cars 
of  the  Union  Railway  Company  of  New  York  City  over  the  tracks  of  the  Union  Railway  Company  of 
New   York   City   in   the   Borough    of   the   Bronx,   City  of  New  York,  as  follows: 

On  the  White  Plains  Road  to  Olin  Avenue ;  and  along  Olin  Avenue  to  Webster  Avenue ;  and  on 
Webster  Avenue  to  the  station  of  the  Manhattan  Elevated  Railway  Company  at  Bedford  Park  and  (if 
mutually   arranged)    along   Webster   Avenue    from    Olin   Avenue  to  the   Yonkers  city  line. 

(b)  Operation  by  the  Westchester  Electric  Railroad  Company  of  its  cars  in  common  with  the  cars 
of  the  Union  Railway  Company  of  New  York  City  over  the  tracks  of  the  Union  Railway  Company  of 
New    York    City    in    the    Borough    of   the    Bronx,    City    of    New    York,    as    follows : 

On  the  White  Plains  Road  to  Morris  Park  Avenue;  thence  along  Morris  Park  Avenue  to  the  West 
Farms  Road;   thence  along  the  West  Farms  Road  to  the  Tremont  station  of  the  subway  at  West  Farms. 

(c)  Operation  by  the  Union  Railway  Company  of  New  York  City  of  its  cars  in  common  with  the 
cars  of  the  Westchester  Electric  Railroad  Company  over  the  tracks  of  the  Westchester  Electric  Railroad 
Company  as  follows : 

On  the  White  Plains  Road  from  233rd  Street  in  the  Borough  of  the  Bronx  (otherwise  known  as 
Nineteenth   Avenue,   Williamsbridge)    to  the  New   Haven  station  in  the  City  of   Mount  Vernon. 

And  the  Commission  having  fixed  Friday,  December  24,  1909,  at  10:00  A.  M.,  at  the  Hearing  Room 
of  the  Commission,  at  No.  154  Nassau  Street,  Borough  of  Manhattan,  City  of  New  York,  for  a  hearing 
upon  said  application  and  having  directed  that  a  notice  of  said  application  and  of  the  time  and  place 
of  said  hearing,  containing  a  statement  of  the  routes  over  which  it  is  proposed  by  said  companies  to 
operate  cars  in  common,  be  published  in  certain  newspapers  and  at  certain  times  specified  by  the  Commission. 

And  said  hearing  having  been  had  by  and  before  the  Commission  at  the  time  and  place  aforesaid, 
Commissioner  Eustis  presiding,  George  W.  Davison,  Esq.,  and  Arthur  M.  Johnson,  Esq.,  appearing  for  the 
petitioners  and  presenting  proof  of  publication  of  notice  of  such  application  and  hearing  as  required  by 
the  Commission ;  and  testimony  having  been  taken  upon  said  hearing ;  and  the  Commission  having  deter- 
mined after  said  hearing  that  said  contract  should  be  approved, 

ORDERED,  that  said  contract,  dated  December  6,  1909,  made  and  entered  into  by  and  between  the 
Westchester  Electric  Railroad  Company,  and  J.  Addison  Young  as  its  Receiver,  and  the  Union  Railway 
Company  of  New  York- City,  and  Frederick  W.  Whitridge  as  its  Receiver,  be  and  the  same  hereby  is 
approved. 

This  approval  is  conditioned  upon  and  subject  to  a  grant  by  the  Public  Service  Commission  for  the 
Second  District  of  its  permission  and  approval  to  the  construction  and  operation  by  the  Westchester 
Electric  Railroad  Company  of  certain  Imes  of  railroad  in  Westchester  County,  New  York,  under  a 
franchise  granted  by  the  Common  Council  of  the  City  of  Mount  Vernon  on  September  27,  1909,  and 
approved  by  the  Mayor  of  that  City  on  October  6,  1909,  and  a  franchise  granted  by  the  President  and 
Board  of  Trustees  of  the  Village  of  Pelham  Manor  on  or  about  November  8,  1909;  and  the  approval 
by  this  Commission  of  said  contract  shall  take  effect  only  upon  the  grant  of  such  permission  and  approval 
by  the  Public  Service  Commission  for  the  Second  District. 

Nothing  herein  contained  shall  be  construed  as  an  approval  by  the  Public  Service  Commission  for  the 
First  District  of  any  part  or  parts  of  said  contract  requiring  or  authorizing  a  violation  of  or  departure 
from  the  terms  and  conditions  of  any  franchise  or  franchises  heretofore  granted  to  either  of  the  aforesaid 
companies,  or  to  the  predecessors  of  either  of  them,  or  as  a  waiver  by  the  Public  Service  Commission 
for  the  First  District  of  any  of  its  rights,  powers  and  duties  under  the  law  to  compel  compliance  by 
either  of  said  companies  with  the  terms  and  conditions  of  any  such  franchise  or  franchises  or  to  super- 
vise, regulate  and  control  said  companies. 

Travis  H.  Whitney,  Esq.,  New  York,  December  28th,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  Dear  Sir: 

I  have  yours  of  the  27th  transmitting  to  me  certified  copy  of  Final  Order  in  Case  #1188, 

for  which  I  am  very  much  obliged  to  you. 

Yours  truly, 

Receiyer. 
406 


Mr.  F.   W.   Whitridge.  Recvr.,  New  York,  December  28th,  '09. 

Union    Railway    Co., 

2396  Third  Avenue, 
New   York  City. 
Dear  Sir:— 

Recent  observations  made  by  the  Transportation  Department  covering  the  service  on  the  138th  Street 
Crosstown  line  showed  that  adequate  service  is  being  rendered  by  your  Company  at  all  times,  except 
between  the  hours  of  5:00  &  8:00  P.  M.,  during  this  period  the  eastbound  cars  carried  overloads  con- 
tinuously. The  service  rendered  on  the  day  of  observation  consisted  of  23  cars  between  5  :oo  &  6  :oo  P.  M., 
23  between  6:00  &  7:00  P.  M.  and  18  between  7:00  &  8:00   P.    M. 

To  adequately  accommodate  the  traffic,  at  least  a  two  minute  headway  should  be  maintained  between 
5:00  &  7:30  P.  M. 

Will  you  kindly  give  this  matter  your  attention  and  let  us  know  at  your  earliest  convenience  what 
you  will   do  to  improve  this   service. 

Very  truly  yours, 

DLT/AJC.  TRAVIS  H.  WHITNEY, 

Inv.#i5i2.  Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  December  31st,  1909. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street.  City. 
Dear  Sir: 

I  have  yours  of  the  28th  instant  in  respect  to  service  on  138th  Street  and  will  give  this  matter 
my  attention.  I  have  directed  that  a  service  be  made  which  in  the  judgment  of  your  engineer 
will  be  adequate. 

Yours  truly, 

Receiver. 

Travis  H.  Whitney,  Esq.,  January  3rd,  '10. 

Secretary.  Public  Service  Commission, 
Tribune  Building,  154  Nassau  Street, 
New  York  City. 
Dear  Sir: — 

Regarding  the  service  complained  of  by  your  Transportation  Department,  covering  the  opera- 
tion of  cars  upon  our  138th  Street  line  between  the  hours  of  5:00  and  8:00  P.  M.,  we  desire  to 
state  that  the  service  has  been  very  much  interrupted  and  interfered  with  on  that  line,  owing  to 
the  fact  that  improvements  are  under  way  on  the  Manhattan  side  of  the  temporary  bridge,  in 
connection  with  the  re-building  of  the  new  bridge  approaches. 

We  have  been  compelled  to  take  up  one  track  and  operate  cars  upon  a  single  track  over  said 
bridge  for  a  distance  of  several  hundred  feet,  in  order  to  accommodate  the  bridge  builders,  and 
owing  to  the  narrowness  of  the  temporary  bridge,  and  of  the  great  amount  of  vehicle  traffic  over 
same,  delays  frequently  occur  in  the  rush  hours  for  which  we  are  not  responsible. 

It  is  almost  an  impossibility  to  shorten  the  headway  under  existing  conditions,  but  we  have, 
however,  instructed  our  Superintendent  to  endeavor  to  do  so  if  possible. 

Yours  very  truly, 

EAM/AIFT.  General  Manager  Under  Receiver. 

407 


Frederick  W.  Whitridge,  Esq.,  New  York,  January  4,   1910. 

Receiver,  Third   Avenue   Railroad 
Company,  130th  Street  and  3rd 

Avenue,   New   York   City,   N.   Y. 
Dear    Sir: 

Transmitted  herewith,  and  hereby  served  upon  you,  is  a  certified  copy  of  an  Order  in  Case  No. 
1 170,  adopted  by  this  Commission  on  December  31,  1909,  directing  a  hearing  in  regard  to  the  forms  of 
notices    containing    the    heating    regulations    as    prescribed    by    the    Final    Order    therein. 

In  connection  with  your  acknowledgment  hereof,  I  beg  to  call  your  attention  to  the  provisions  of 
Section   23   of   the    Public   Service   Commissions   Law. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
JHG/HJC  ,  Secretary. 


ST..\TE  OF  NEW  YORK, 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

In  the  Matter 

of  the 

Hearing  on  the  Motion  of  the  Commission  on  the  Question  of  Imnrovements   in 
the  Service  of  the  INTERBOROUGH  RAPID  TRANSIT  COMPANY:   MET-  I  -  O^der  for 
ROPOLITAN    STREET   RAILWAY   COMPANY   and   ADRIAN    H.   JOLINE  /     p  ^^^xP^Yi7o' 
and   DOUGLAS   ROBINSON,    its    Receivers :    THIRD    AVENUE   RAILROAD  '         ^^^      °'      ^  ' 
COMPANY  and  FREDERICK  W.  WHITRIDGE,  its  Receiver;  as  regards  heat- 
ing and   heating   regulations   with   respect  to  all   closed   cars   carrying   passengers 
operated  in  the  City  of  New  York. 

It  is  hereby  ordered  that  a  further  hearing  be  had  before  Commissioner  John  E.  Eustis  on  the 
loth  day  of  January,  1910,  at  2:30  o'clock  in  the  afternoon  or  at  any  time  or  times  to  which  the  same 
may  be  adjourned,  at  the  rooms  of  the  Commission,  No.  154  Nassau  Street,  Borough  of  Manhattan,  City 
of  New  York,  State  of  New  York,  to  inquire  whether  the  final  order  made  herein  on  November  19, 
1909,  should  be  modified  by  prescribing  approved  forms  of  the  notices  required  therein  to  be  posted,  and 
extending  the  time  of  the  companies  and  receivers  above  mentioned  to  comply  with  said  order,  as  so 
amended;   and  it  is   further 

ORDERED,  that  each  of  said  companies  and  said  receivers  be  given  at  least  five  days'  notice  of 
such  further  hearing  by  service  upon  each  of  them  personally  or  by  mail  of  a  certified  copy  of  this 
order. 


Travis  H.  Whitney,  Esq.,  New  York,  January  6th,   1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  from  you  four  copies  of  order  for  further  hearing  in  case  ^Wjo,  in  regard  to  the 
forms   of  notices   containing  the   heating  regulations  prescribed  by  the  Commission. 

In  respect  to  this  matter  I  beg  to  say  that  I  sent  you  copy  of  the  proposed  form  in  which 
these  regulations  were  to  be  printed,  immediately  after  the  receipt  of  the  final  order.  The 
Commission  disapproved  of  that  form,  and  informed  me  that  the  regulations"  should  be  printed 
in  the  same  type  as  the  notice  in  respect  to  the  spitting  ordinance  of  the  Board  of  Health.  I 
immediately  ordered  the  heating  regulations  to  be  printed  in  such  form.     They  have  now  been 

408 


completed,  framed  and  are  being  hung  up  in  the  cars  in  a  form  as  nearly  as  possible  similar 

to  the  Board  of  Health  notice  referred  to. 

I  hope  no  further  change  will  be  made  as  it  would  mean  that  the  expense  to  which  I  have 

been  put  in  the  matter  thus  far  would  be  wasted,  and  I  pray  that  you  take  this  matter  into 

consideration  at  the  rehearing.     I  am, 

Yours  very  truly, 

Receiver. 

Edward  G.  Connette,  Esq.,  New  York,  January  7th,  1910. 

Transportation  Engineer, 
Public  Service  Commission, 

Tribune  Building,  154  Nassau  Street, 
New  York  City. 
Dear  Sir: 

Enclosed  please  find  a  sample  of  the  signs  to  be  used  in  the  cars  of  the  Third  Avenue  Sys- 
tem, and  also  those  of  the  Union  Railway  Company. 

On  account  of  the  Convertible  cars  it  was   necessary   for   us   to   have   the   signs   printed 
horizontal,  and  in  the  case  of  the  Union  Railway  cars  it  was  more  convenient  to  have  them 
printed  longitudinal,  so  this  card  will  cover  the  type  of  signs  for  both  Systems. 
Will  you  kindly  acknowledge  its  receipt,  and  oblige. 

Yours  very  truly, 
EAM/MFT.  General   Manager  Under   Receiver. 

P.  S. — These  signs  are  of  the  same  size  as  the  "Spitting"  signs  in  our  cars,  and  which 
was  suggested  in  a  letter  received  from  your  Commission  dated  December  i8th,  1909. 


Frederick  W.  Whitridge,  Esq.,  New   York,   January   12,    1910. 

Receiver,  Third  Avenue  Railroad 

Company,   130th  Street  and  Third 
Avenue,  New  York   City. 
Dear    Sir: 

I  beg  to  acknowledge  receipt  of  Mr.  Maher's  communication  of  the  7th  inst.,  submitting  forms  of 
copies  of  the  heating  regulations  to  be  displayed  in  the  cars  of  the  Third  Avenue  Railroad  Company's 
system    and    of    the    Union    Railway    Company,    pursuant  to  the  Final   Order  in    Case   No.    1170. 

These   forms  were   duly  approved   by  the   Commission    at    its    meeting   yesterday. 

Very  truly  yours, 

JHG/HJC.  TRAVIS  H.  WHITNEY, 

Secretary. 


Frederick   W.   Whitridge,    Esq.,    Recr.,  New  York,  January  6,  1910. 

Union    Railway    Company, 

I20th    St.   &  3rd   Ave.,    New   York   City, 
Dear  Sir : 

Mr.  John  H.  Napier,  741  East  243rd  Street,  Wakefield,  New  York  City,  complains  that  an  old  type 
car,  without  adeqrate  heating  apparatus,  is  dispatched  every  morning  at  4  o'clock  north  from  the  Bedford 
Park  terminal  of  the  elevated  line.  He  says  that  the  car  is  always  cold,  and  asks  whether  a  car  properly 
equipped    cannot    be    substituted    for    that    run. 

409 


Will  you  please  investigate  the  facts,  and  take  such   action  as  may  be  necessary.     Please  inform  this 
office  of   the  disposition  of  the  matter. 

Very  truly  yours, 

GFD/PG  TRAVIS  H.  WHITNEY, 

C-4171  Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  January  7th,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 
Dear  Sir: 

I  have  yours  of  the  6th  in  reference  to  the  complaint  of  Mr.  John  H.  Napier,  that  there 
is  an  old  type  car  leaving  Bedford  Park  Station  at  4  A.  M.  I  think  this  complaint  is  well 
founded,  but  the  car  is  one  which  is  put  on  to  carry  our  own  men  to  the  car  barn,  and  I  did 
not  know  that  anybody  except  they  ever  rode  on  it.     It  is  what  we  call  a  "boat"  car. 

If  traffic  on  this  particular  car  should  increase  beyond  Mr,  Napier,  we  will  do  whatever 
the  public  demands,  and  I  do  not  think  that  even  Napier  is  a  regular  passenger. 

Yours  truly. 

Receiver. 


Frederick  W.  Whitridge,  Esq.,  New  York,  January  12th,  1910. 

Receiver,   3rd    Ave.    R.    R.    Co., 
130th    St.   &   3rd   Ave., 
New  York  City. 
Dear  Sir: 

Referring  to  your  letter  of  the  7th  inst,  in  reference   to   complaint   of   John   H.    Napier: 

Mr.  Napier  says  that  he  does  not  use  the  car  you  refer  to,  but  that  the  cars  are  usually  not  heated 
which  are  operated,  leaving  Bedford  Park  at  2:10  a.  m.,  and  at  intervals  thereafter  of  from  20  to  30 
minutes,  until  5:10  A.  M. 

Will  you  please  see  that  the  cars  are  heated  in  accordance  with  the  Commission's  Order.  Also,  it 
would  appear  that  the  "boat"  car,  or  the  car  which  you  carry  employees  in,  constitutes  a  passenger  car 
and  should  be  comfortably  heated  the  same  as  a  regular  passenger  car,  especially  so  if  any  regular 
passengers   are   carried   on   it.  Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
EGC/LEK  Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  January   13th,   1910. 

Secretary,   Public   Service   Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  yours  of  the  12th  in  respect  to  the  complaint  of  John  H.  Napier.  Mr.  Napier 
specified  the  "boat"  car  as  the  car  which  was  not  heated.  I  understand  he  does  not  use  the  car 
which  he  said  he  used,  and  if  the  car  he  does  use  is  inadequately  heated,  that  of  course  is  wrong 
and  contrary  to  instructions,  and  I  will  see  that  the  matter  is  attended  to. 

I  am  much  obliged  to  you  for  calling  it  to  my  attention. 

Yours  truly. 

Receiver. 
410 


Frederick  W.  Whitridge,  Esq.,  New   York,   January    13,    1910. 

Receiver,   Third   Avenue   Railroad   Co., 
130th   Street   and   Third   Avenue, 
New  York  City. 
Dear  Sir: 

It  is  reported  in  the  newspapers  this  morning  that  Wednesday  evening,  January  12th,  a  southbound 
car  of  the  Third  Avenue  line  collided  with  fire  engine  No.  44  at  75th  Street  causing  serious  damage 
to  the  fire   engine. 

While    this   accident   may   not   have    caused    serious  damage  to  the  car  in  question,  it  appears  to  have 
been   such   an   accident   as   should   have   been   reported  under  the  terms  of  the  Accident  Order. 
Will  you  please  cause  a  report  to  be  made  on  the  regular  blank. 

Yours  very  truly, 
GFD/CWT.  TRAVIS  H.  WHITNEY, 

Secretary. 

Travis  H.  Whitney,  Esq.,  «  New  York,  January  14th,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 
Dear  Sir : 

I  have  yours  of  the  13th.     I  know  of  no  reason  in  the  world  why  the  accident  between  the 

fire  engine  and  the  Third  Avenue  car  on  the  evening  of  January  12th,  should  not  have  been 

reported  to  your  Commission.    It  should  have  been  so  reported  and  I  will  see  that  a  report  is 

made   forthwith.     No  damage  was  done  to  the  car  or  to  the  fire  engine  by  this  collision  beyond 

the  breaking  of  the  rim  of  one  of  the  fire  engine   wheels   and  a   slight  damage  to  one   of  the 

horses.     It  appears  to  have  been  the  fault  of  the  driver  of  the  fire  engine,  as  the  crossing  was  a 

fire  stop  and  the  car  had  in  fact  stopped. 

Yours  truly. 

Receiver. 

Travis  H.  Whitney,  Esq.,  New  York,  January  iSth,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

Referring  further  to  your  letter  of  the   13th,  I  enclose  to  you  herewith  a  report  from  my 

claim  agent  in  connection  with  the  accident  which  was  not  reported  to  you. 

Yours  truly, 
Enclosure :  Receiver. 

Frederick    W.    Whitridge,   Esq.,  January  14th,   1910. 

Receiver,   Third   Avenue   Railroad   Co., 
New  York  City. 
Dear  Sir: 

Complying  with  your  request  that  I  submit  report  to  you  bearing  on  the  complaint  of  the  Public 
Service  Commission  contained  in  the  enclosed  communication  dated  January  13th,  as  result  of  our  failure 
to  report  collision  which  occurred  on  the  12th  inst.  between  a  south  bound  car  and  a  fire  engine  at  the 
intersection  of  7Sth  Street  and  3rd  Avenue,  beg  to  state  that  the  case  was  not  reported  for  the  sole 
reason  that  neither  car  nor  engine  were  damaged  as  a  result    of    the    accident. 

On  September  loth  last  this  office  was  notified  that  pursuant  to  an  order  of  the  Commission  recently 
issued  we  were  to  report,  in  addition  to  serious  personal  injury  cases,  all  accidents  which  resulted  in 
serious  damage  to  cars,  vehicles  or  personal  property.  Prior  thereto  we  were  called  upon  to  report 
only  the  more  severe  personal  injury  cases. 

411 


I  am  not  aware  of  the  service  by  the  Public  Service  Commission  of  the  so-called  Accident  Order 
by   which   we   are   requested  to   make   a   distinction   between  a  fire  apparatus  and  an  ordinary  vehicle. 

If  such  an  order  exists  will  be  pleased  to  comply  strictly  with  the  terms  of  same  in  the  future 
if  you  desire  us  to  do  so.  Respectfully  yours, 

J.  W.  YENSEN, 

Claim  Agent. 

Frederick   W.    Whitridge,    Esq.,  New  York,  January  17th,  1910. 

Receiver,   Third   Ave.    R.    R.    Co., 
130th   St.  &  Third  Avenue, 
New   York  City. 
Dear   Sir : 

Your  letter  of  the   15th  inst,  enclosing  report   from  your  claim  agent,  received,  for  which  I  thank  you. 
Our   Transportation   Department   would   be   pleased  to  have  reports   of  collisions  or  accidents   in  con- 
nection with  the  Fire  Department  or  ambulances,  even   if  there  is  no  material   damage.  • 

Very   truly   yours, 

TRAVIS  H.  WHITNEY, 
EGC/I.EK.  Secretary. 

Public   Service   Commission,  Phi  Gamma  Delta  Club, 

New  York  City.  34  West  44th  St., 

Dear  Sirs : 

I  have  to  complain  that  the  Jerome  Avenue  surface  cars  are  not  properly  ventilated.  During  the 
recent  cold  period  the  ventilators  invariably  have  b^cn  closed  and  I  have  subjected  myself  to  some 
annoyance  in  opening  them  or  requesting  the  conductors  to  do  so.  Inquiry  has  elicited  the  information 
that    the    conductors    have    no    instructions    whatsoever    on    this   matter. 

If  a  ventilator  .at  either  end  of  the  cars  were  opened  merely  an  inch  or  two  the  air  probably  woulc 
remain  fresh.  A  trouble  seems  to  be  that  the  ventilators  have  no  stops  and  that  unless  they  are  oper 
to  their   full   extent   they   will   close  of   their   own   accord. 

Hoping  that  you  will  give  this  trival  though  important   matter   your    attention,    I    am, 

Respectfully, 

FRANCIS  D.  CLARKE, 

60  E.  Kingsbridge  Road, 
Tuesday,  January   11.    1910.  Fordham,  N.  Y.  City. 

Travis  H.  Whitney,  Esq.,  New  York,  January   14th,   1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir: 

I  have  yours  of  the  13th  enclosing  complaint  of  Mr.  Clark.  I  am  very  sorry  that  Mr 
Clark  finds  that  the  Jerome  Avenue  surface  cars  are  not  properly  ventilated.  Mr.  Clark  i: 
Avrongly  informed  when  he  says  that  the  conductors  have  no  instructions  whatever  in  respect  t( 
the  opening  of  ventilators.  The  regulations  in  respect  to  the  opening  of  ventilators  have  beei 
communicated  to  all  conductors  by  word  of  mouth,  are  communicated  to  them  day  by  day,  anc 
printed  notices  are  posted  in  the  carhouses  under  the  conductors'  eyes.  The  particular  con 
ductor  who  so  informed  Mr.  Clark  therefore  lied.  I  should  like  to  know  who  he  was.  Th< 
trouble,  I  am  afraid,  is  that  a  great  many  people  find  the  cars  too  cold  and  shut  the  ventilator 
themselves. 

The  information  about  the  ventilators  having  no  stops  so  that  they  can  only  be  opened  t( 
their  full  extent  is  also  inaccurate.  They  open  by  means  of  a  screw  and  may  be  opened  foi 
an  inch  or  three  inches. 

No  matter  of  this  kind  is  trivial,  and  any  specific  information  which  Mr.  Clark  or  your  Hon 
orable  Body  may  communicate  to  us  will  receive  our  immediate  attention. 

Yours  truly, 


Mr.    F.    W.    Whitridge,    Receiver,  '  New    York,    January    14th,    "lo. 

Union   Railway   Co., 
2396  Third   Ave., 

New  York  City. 
Dear  Sir: — 

Attached  hereto,  from  the  Department  of  Transportation,  are  two  blue-print  tabulations  covering 
observations  with  respect  to  the  service  on  the  Boston  Avenue  line  on  Dec.  30th,  '09,  and  Jan.  3rd,  '10,  at 
161  St    Street   and    3rd    Avenue. 

Practically    during   every   half-hour    period    from  2.30  to  8.00  P.    M.   northbound,    standing  loads   were 
carried.      Southbound,    similar    conditions    prevailed    from   S.oo  to  8.30  A.    M.    and  2.00  to   3.00   P.    M.    and 
■    7.30  to  8.30  P.   M. 

It  is  expected  that  the  necessary  increases  will  be  made  at  once  to  adequately  accommodate  this 
traffic. 

Please  reply  stating  what  increases  have  been  effected. 

Very   truly   yours, 

DLT/AJC  .  TRAVIS  H.  WHITNEY, 

Ends.  Secretary. 

Inv.  *i576. 


PUBLIC   SERVICE  COMMISSION   FOR  THE  FIRST  DISTRICT. 

Bureau  of   Transit  Inspection. 

Union  Railway  Co. 
Line,    Boston    Ave.    Line. 
Date,  Dec.  30,   1909,  and  Jan.  3,   1910. 
Location  of  Observer,  161  st  St.  and  3rd  Ave. 
Bound,   North. 
Computer,  Kinsley. 
Checked  by  O'Connor  &  Zeintz.     Investigation  No,  1,576. 

SEATQia  CAPAcmr,  88. 


Sheet  No.  i 


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413 


Travis  H.  Whitney,  Esq.,  '  New  York,  January  17th,  19 10. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  yours  of  the  14th  enclosing  to  me  two  blue  prints  similar  to  those  which  I  have 
already  received  from  you  in  respect  to  the  observations  made  by  some  of  your  employees  on 
the  number  of  passengers  seated  and  standing  in  the  cars  of  the  Union  Railway. 

I  have  already  pointed  out  to  you  that  these  tables  are  absurd  on  their  face,  in  that  they 
show  that  your  observer  has  done  counting  which  cannot  be  performed  by  mortal  man,  except 
Houdin,  who  is  dead.  In  the  previous  cases  these  feats  were  achieved  in  the  morning,  the  pres- 
ent tables  show  that  they  were  performed  after  dark,  which  does  not  increase  the  credibility  of 
your  tables. 

I  have,  however,  as  you  know,  every  disposition  to  do  everything  in  my  power  to  accom- 
modate the  public.  I  have  accordingly  directed  my  Superintendent  to  communicate  with  your 
transportation  engineer  and  to  see  that  the  number  of  cars  is  increased  to  such  an  extent  as  will 
satisfy  his  requirements.  I  must  again  point  out  to  you  that  no  complaint  of  this  service  from 
the  public  has  been  received,  and  that  the  defects  have  been  discovered  by  you. 

Yours  truly, 

Receiver. 

Travis  H.   Whitney,  Esq.,  January  19th,   1910. 

Secretary,  Public  Service  Commission, 
Tribune  Building,  154  Nassau  Street, 
New   York   City. 
Dear  Sir: 

Your  report  of  December  30th,  1909,  and  January  3rd,  1910,  of  the  checking  of  the  Boston  Avenue 
Line  received,  and  its  contents  noted.  The  condition  of  the  roadways  and  rails  on  December  30th, 
1909,  was  so  bad  that  it  was  impossible  to  maintain  any  kind  of  schedule.  On  account  of  the  roads 
alongside  of  the  tracks  being  still  covered  with  snow,  it  was  necessary  for  the  vehicle  traffic  to  use 
the  car  tracks,  the  rails  of  which  were  very  slippery.  However,  trying  to  maintain  the  best  schedule  that 
we   could   under  these   unfavorable   conditions,   we   tried  to  mend  matters  by  operating  the  sand  cars  all  day. 

On  January  3rd,  1910,  the  prevalance  of  the  same  conditions,  just  a  little  modified,  made  it  just  as 
impossible   for  us  to  maintain  a   satisfactory  service. 

There  are,  at  the  present  time,  enough  cars  operated  on  this  line  to  satisfy  the  demands,  but  as  the 
Commission  desires,  we  will  add  extra  cars  to  the  service  between  the  hours  of  4.00  P.  M.  and  8.00  P.  M. 
from    128th   Street  and   Third   Avenue. 

We  would  add,  however,  that,  the  condition  of  the  roadways  upon  which  our  cars  travel  at  the 
present  time,   makes  it  very  hard   for  us  to  maintain    our    schedule. 

We  are  returning  herewith  blue  print  sent  us  in  error  belonging  to  the  New  York  City  Railway 
Company. 

Yours  very  truly, 
JAR/MFT.  General    Superintendent. 

Frederick  W.  Whitridge,  Esq.,  New  York,  January  20th,   1910. 

Receiver,  Third  Ave.  R.  R.  Co., 
130th  St.  &  Third  Avenue, 
New  York  City. 

Re  Service  on  William shridge  Line,  Union  Railway  Co. 
Dear  Sir : 

An  investigation  of  the  service  conditions  on  this  line  was  made  on  Dec.  30th,  Jan.  3rd  &  4th.  The 
observation  was  made  just  east  of  Boston  &  Tremont  Avenues.  I  enclose  you  herewith  blue  print  copies 
of  the  tabulations  as  noted  by  the  inspector. 

414 


It  appears  that  during  the  afternoons  and  evenings  some  of  the  cars  were  very  much  overloaded  and 
that  some  additional  service  is  needed.  We  appreciate,  however,  that  the  service  cannot  be  bettered  mate- 
rially until  the  stretch  of  single  track  just  north  of  the  City  Line  on  White  Plains  Avenue  is  double  tracked, 
as  referred  to  in  your  letter  dated  Oct.  28th,  1909,  and  I  would  be  pleased  to  know  if  any  progress  has  been 
made  to  the  laying  of  the  second  track  at  the  end  of  the  Williamsbridge  line. 

Very  truly  yours, 
EGC/LEK  TRAVIS  H.  WHITNEY, 

Enc.  Secretary. 


PUBLIC   SERVICE  COMMISSION   FOR  THE  FIRST   DISTRICT. 

Bureau  of   Transit  Inspection.  Sheets  Nos.   i   and  2. 

Union    Railway   Company. 
Line,  Williamsbridge  and  Mount  Vernon  Line. 
Date,  Dec.  30,  '09;  Jan.  3,  4,  1910. 

Location  of  Observer,  Tremont  Ave.  and  Bronx  Street. 
Bound,  West.  Computer,  Rosenthal. 

Checked  by  .  Investigation  No.  1,577. 


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38 

1 

5 

11.30  "  12.00 

"                  " 

4 

144 

108 

27 

•  ■  •  ■ 

,,., 

P.  M. 

Jan.  8,  '10.... 

12.00  to  12.80 

"                     " 

4 

144 

130 

82 

2 

10 

12.30  "    1.00 

11                     tl 

3 

108 

96 

32 

.... 

•  •  • 

1.00  "    1.30 

"                                     41 

4 

144 

137 

34 

5 

1  30  "    2.00 

"                                    " 

8 

108 

106 

35 

2 

10 

2.00  "    2.30 

tt                                    t> 

4 

144 

130 

32 

2 

10 

2.30  "    3.00 

"                                    '• 

8 

103 

JOl 

34 

1 

5 

3.00  "    3.80 
3.80  "    4.00 

**                                    k* 

4 
3 

144 
108 

182 
101 

33 
34 

■'i* 

■**6 

4.00  "    4..30 

"                                    " 

4 

144 

96 

24 

, 

4  80  "    5.00 

M,                                t. 

3 

108 

143 

48 

"2 

35 

5.00  •'    530 

>•                                 l« 

6 

216 

202 

34 

2 

10 

5.30  "    6.00 

»>                                 H 

5 

180 

268 

54 

3 

100 

Jan.  4.  '10..., 

6.00  "    6.30 

it                                 H 

7 

252 

246 

35 

3 

80 

6.30  "   7.aj 
7.00  "    7.30 
7.30  "    8.00 
8.00  "    3.30 
8.30  "    9.00 

"                                " 

5 
5 

6 
5 
4 

180 
180 
216 
180 
144 

120 
84 
84 
72 
99 

24 

17 
14 
14 
25 

.... 

"is 

9.00  "    9.80 
9.30  "  10.00 

!!           !'. 

4 

2 

144 
72 

60 

48 

15 
24 

415 


PUBLIC   SERVICE  COMMISSION   FOR  THE  FIRST  DISTRICT. 

Bureau  of  Transit  Inspection.  Sheets  Nos.  3  and  4 

Union  Railway  Company. 
Line,  Williamsbridge  and  Mount  Vernon. 
Date,   Dec.  30,   '09;   Jan.  3,  4,   1910. 

Location  of  Observer,   Tremont  Ave.   and   Bronx  Street. 
Bound,  East.  Computer,  Rosenthal. 

Checked  by  .  Investigation  No.   1,577. 

Skating  Capacity  per  Car,  3(5. 


Su 

f*" 

1 

^ 

"S 

-^■^ 

^ 

p 

1« 

01  a 

OCO 

0^ 

|e 

B  0 

gbp 

as 

Time. 

Destination. 

St. 
so 

s 

3S? 

g  a 

0^ 

<D.S 

txra 

2S 

<i_i  a, 

il 

& 

0 
H 

e3 

zo- 

oJ 

A.  M. 

Dec.  30,  '09. . . 

6.80  to  7.00 
7.00  "    7.30 

Mount  Vernon 

5 

4 

180 
144 

120 
124 

24 
31 

2 

40 

7.80  •'    8.00 
8.00   "    8.30 
8.80  '*    9.00 
9.00  •'    9.80 

"           "      •• 

5 
4 
4 
4 

180 
144 
144 
144 

72 
75 
120 
120 

14 
19 
30 
30 

9.30  "  10.00 

3 

108 

118 

39 

10 

10.00  "  10.80 
10.30  '•  11.00 

..           ..      

4 
3 

144 
108 

120 
126 

30 
42 

80 

11.00  "  11.80 

».                 u 

2 

72 

60 

30 

11.80  •'  12.00 

•'             "       

4 

114 

157 

89 

2 

25 

P.  M. 

Jan.  8,  '10 

12.00  to  12.30 
12.30  "    1.00 

"       "    

4 

4 

144 

144 

96 
154 

24 

88 

2 

10 

1.00  "    1  80 

"              *' 

4 

144 

164 

41 

2 

20 

1.30  "    2.00 
2.00  *'    2.80 

it                frt         . , 

3 
3 

108 
108 

84 
113 

28 
38 

1 

5 

2.30  "    3.00 

"              *» 

4 

144 

154 

88 

1 

10 

3.00  "    8.30 

"             "       

3 

108 

133 

44 

8 

25 

3  80  "    4.00 

"               '«        

4 

144 

157 

89 

2 

25 

4.00  "    4.30 

"              "        ...... 

6 

216 

209 

85 

1 

5 

4.80  "    5.00 

•«             ••       

5 

180 

208 

42 

1 

40 

5.00  "    5.80 

I*                »» 

6 

216 

286 

48 

8 

70 

5.80  "    6.00 

••              »»        

6 

216 

342 

57 

5 

160 

Jan.  4, '10.... 

6.00  "    630 

'•              "        ^ 

5 

180 

300 

60 

4 

120 

6.3f»  "    7.00 

'«             »•       

6 

216 

235 

39 

8 

55 

7.00  '•    7.80 

*'              " 

4 

144 

187 

47 

8 

55 

7.80  "    8.00 

>t              tt 

4 

144 

182 

45 

2 

50 

8.00  "    8.J0 

»»                            4. 

8 

108 

116 

39 

1 

20 

8.80  '•    9.00 

It                            >t 

4 

144 

174 

48 

2 

80 

9.00  "    9.80 

M                         U 

2 

72 

60 

80 

9J80  "  10.00 

"              •••••• 

8 

108 

92 

81 

1 

20 

New  York,  January  26th,  1910. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  your  several  communications  of  the  20th  instant  with  the  interesting  and — as  I 
have  heretofore  pointed  out  to  you — quite  impossible  blue  prints  attached.  I  have  instructed 
my  Superintendent  to  take  the  matter  up  with  Mr.  Connette  and  do  whatever  he  wants. 

I  am  unable  to  give  you  the  date  of  the  probable  completion  of  the  Williamsbridge  Line. 
I  believe  that  a  very  considerable  amount  of  it  has  already  been  completed. 

Yours  truly. 


416 


Receiver. 


New  York,  January  26,   1910. 


Frederick   W.   Whitridge,   Esq.,   Receiver, 

Union  Railway  Company  of  New  York  City, 
Third  Ave.  R.  R.  Co., 
42nd   St.   M.   S.  Ry., 

Dry  Dock,   E.   B'way  and   Battery  R.  R. 
130th   Street  and   Third   Avenue, 
New  York,  N.  Y. 

Dear  Sir: 

Transmitted  herewith,  and  hereby  served  upon  you,  is  a  certified  copy  of  an  Order  in  Case  No.  1210, 
adopted  by  this  Commission  at  a  meeting  on  January  18,  1910,  requiring  the  filing  of  information  as  to 
car  motors,  car  bodies  and  car  trucks,  together  with  the  forms  mentioned  in  the  Order.  Also  enclosed 
is  a  supply  of  the  forms  mentioned. 

In  connection  with  your  acknowledgment  hereof,  I  beg  to  call  your  attention  to  the  provisions  of  Sec- 
tion 23  of  the  Public  Service  Commissions  Law. 

Very  truly  yours, 
JHG/WFR  TRAVIS  H.  WHITNEY, 

Encs.  Secretary. 


STATE  OF  NEW  YORK, 

PUBLIC   SERVICE  COMMISSION   FOR  THE  FIRST   DISTRICT. 


IN  THE  MATTER  j 

(   Case  No.   1210. 
Information   to   be   supplied   by   RAILROAD    CORPORATIONS   and    STREET  ?       Filing  Order. 
RAILROAD   CORPORATIONS   within  the   First  District  as  to  the  number  of  \ 
car  motors,  car  bodies  and  car  trucks  operated  by  them.  I 

ORDERED,  that  every  railroad  corporation  and  street  railroad  corporation  under  the  jurisdiction  of 
the  Public  Service  Commission  for  the  First  District  be  and  it  hereby  is  required  to  make  and  file  with 
the  said  Commission : 

(i)  Specific  answer,  semi-annually,  to  each  of  the  questions  shown  on  the  form  entitled  "Semi- Annual 
Statement  of  Car  Motors,''  (Form  T,  8  Rev.)  hereto  attached  and  made  part  of  this  order,  as  to  any  car 
motors  owned,  used  or  operated  by  such  company,  said  answers  to  be  made  as  of  July  ist  and  January  ist 
in  each  year,  and  to  be  filed  on  or  before  July  20th  and  January  20th,   respectively,  thereafter. 

(2)  Specific  Statements  shall  be  made  within  five  days  of  the  placing  in  service  of  additional  car  motor 
equipments  owned,  used  or  operated  by  such  company  as  a  written  memorandum  to  the  Public  Service 
Commission,  on  Form  T  26,  hereto  attached  and  made  part  of  this  order,  showing  the  number  of  motors, 
type  and  horsepower   rating  respectively. 

(3)  Specific  Statements  shall  be  made  within  five  days  of  the  retirement  from  service  of  car  motor 
equipments  owned,  used  or  operated  by  such  company  as  a  written  memorandum  to  the  Public  Service  Com- 
mission, on  Form  T  26,  hereto  attached  and  made  part  of  this  order,  showing  the  number  of  motors,  type 
and  horsepower  rating  respectively. 

(4)  Specific  answer,  semi-annually,  to  each  of  the  questions  shown  on  the  form  entitled  "Semi-An- 
nual Statement  of  Car  Bodies"  (Form  T,  9  Rev.)  hereto  attached  and  made  part  of  this  order,  as  to  any 
car  bodies  owned,  used  or  operated  by  such  company,  said  answers  to  be  made  as  of  July  1st  and  January 
1st  in  each  year,  and  to  be  filed  on  or  before  July  20th  and  January  20th,   respectively,  thereafter. 

(s)  Specific  Statements  shall  be  made  within  five  days  of  the  placing  in  service  of  additional  car 
bodies  owned,  used  or  operated  by  such  company  by  a  written  memorandum  to  the  Public  Service  Com- 
mission, on  Form  T  26,  hereto  attached  and  made  part  of  this  order,  showing  the  number  of  cars,  type, 
identification    numbers    and   seating   capacity. 

(6)  Specific  Statements  shall  be  made  within  five  days  of  the  retirement  from  service  of  car  bodies 
owned,  used  or  operated  by  such  company  by  a  written  memorandum  to  the  Public  Service  Commission, 
on  Form  T  26,  hereto  attached  and  made  part  of  this  order,  showing  their  respective  numbers. 

417 


(7)  Specific  answer,  semi-annually,  to  each  of  the  questions  shown  on  the  form  entitled  "Semi-An- 
nual Statement  of  Car  Trucks"  (Form  T,  7  Rev.),  hereto  attached  and  made  part  of  this  order,  as  to  any 
car  trucks  owned,  used  or  operated  by  such  company,  such  answers  to  be  made  as  of  July  1st  and  January 
1st   in   each   year  and   to  be  filed  on   or  before  July  20th   and  January  20th,   respectively,   thereafter. 

(8)  Specific  Statements  shall  be  made  within  five  days  of  the  placing  in  service  of  additional  car 
trucks  owned,  used  or  operated  by  such  company  by  a  writen  memorandum  to  the  Public  Service  Com- 
mission, on  Form  T  26,  hereto  attached  and  made  part  of  this  order,  showing  the  number  of  trucks  and 
type. 

(9)  Specific  Statements  shall  be  made  within  five  days  of  the  retirement  from  service  of  car  trucks 
owned,  used  or  operated  by  such  company  by  a  written  memorandum  to  the  Public  Service  Commission,  on 
Form  T  26,  hereto  attached  and  made  part  of  this  order,   showing  the  number   of  trucks   and   type. 

FURTHER  ORDERED,  that  this  order  shall  take  effect  on  the  21st  day  of  January,  1910,  and  shall 
continue  in  force  until  or  abrogated  by  the  Commission. 


New  York,  February  ist,  1910. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

My  dear  Sir: — 

I  have  yours  of  the  26th  transmitting  order  1210  requiring  various  information.  I  do  not 
quite  understand  the  purpose  of  this  order,  as  I  thought  that  all  of  the  information  called  for 
by  it  was  already  covered  by  a  previous  order,  and  my  Superintendent  of  Construction,  Mr.  Mc- 
Whirter,  informs  me  that  he  has  already  made  a  report  under  Order  437  giving  all  the  infor- 
mation called  for  by  Order  1210.  If  this  is  not  accurate,  will  you  be  good  enough  to  tell  me 
what  is  called  for  by  Order  12 10  which  is  not  called  for  by  Order  437,  that  I  may  instruct  my 

people  accordingly. 

Yours  truly. 

Receiver. 


New   York,   January  26th,   '10. 
Mr.   F.  W.  Whitridge,   Receiver,  i 

Union.  Ry.  Co., 
2396   Third   Avenue, 
N.    Y.    City. 

Dear  Sir: 

Attached  hereto,  from  the  Department  of  Transportation,  is  a  blue  print  tabulation  covering  an  ob- 
servation made  with  respect  to  the  service  on  the  Westchester  Avenue  line  at  149th  St.  &  3rd  Avenue,  on 
Jan.   17th,  '10,   from  6:00  P.  M.  to  midnight. 

Overloads  were  carried  during  every  half-hour  period,  except  one,  from  9:00  to  11:30  P.  M.  north- 
bound. 

The  headways  during  these  periods  should  be  decreased  from  7J^  to  about  6  minutes,  and  in  addition 
extra  theatre  service  should  be  provided  between  11  :oo  &  11 :30  P.  M. 

Please   arrange   your  schedule  to   effect   these   improvements  and  reply  stating  what  has  been  done. 

Verv  truly  yours, 
DLT/AJC.  '          '  TRAVIS  H.   WHITNEY, 

End.  Secretary. 

Inv.  4f  1692. 

418 


PUBLIC   SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

Bureau  of  Transit  Inspection.  Sheet  No.  i. 

Union  Railway  Co. 
Line,  Westchester  Ave. 
Date,  Jan.   17th,   1910. 

Location  of  Observer,   149th   St.  and  3rd  Ave. 
Bound,  North  and  South.  Computer,   Steul. 

Checked  by  .  Investigation  No.  1,692. 

Skatino  Capacitt,  86. 
NoBTH  Bouyo. 


Time. 

.  .. .  , 
Destination. 

£ 

■="5 

II 

3 

1 

'5 
if 

0 

< 

5| 

000 

II 

12 

a 

2  « 

sfte 
2 

6.00  to'  6.80 
6.80  •'     7.00 
7.00  "     7.30 

Main  St.,  Westchester. 

7 
9 
6 
5 
4 
6 
5 
4 
4 
4 
5 
4 

252 
824 
216 
180 
144 
216 
180 
144 
144 
144 
180 
144 

288 

275 

156 

120 

84 

120 

186 

179 

199 

108 

256 

84 

41 
31 
26 
24 
21 
20 
37 
45 
SO 
27 
51 
21 

3 
3 

60 
85 

7.80  "     8.00 

8.00  "     8.80 

8.80  "     9.00    . 

9.00  "     9.80 

9.80  "    10.00 

10.00  "    10.80 

10.30  "    11.00 

8 
8 
8 

80 
85 
65 

11.00   "    11.80 
11,80  "    12.00 

8 

100 

South  Bound. 

P.M. 

6.00  to    6.80 

128th  St.  and  3rd  Ave 

7 
5 
5 
6 
5 
5 
4 
4 
4 
4 
4 

252 
252 

180 
180 
216 
180 
180 
144 
144 
144 
144 
144 

69 
108 
120 
166 
108 
60 
60 
48 
48 
60 
89 

12 
10 
21 
24 
28 
21 
12 
15 
12 
12 
15 
10 



6.30  "     7.00 

t                    it 

7.00  "     7.80 

7.30  "     8.00 

8.00  "     8.30 
8.30  "     9.00 

1 

10 

9.00  "     9.30 

9.30  "    10.00 

10.00  "    10.30 

10.80   "    11.00 

11.00   "    11.80 

11.30  "    12.00 

. . 

New  York,  January  26th,   '10. 
Mr.   F.  W.  Whitridge,  Receiver, 
Union  Ry.   Co., 
2396  Third  Avenue, 
N.   Y.    City. 

Dear  Sir: 

On  the  evening  of  Jan.  17th,  '10,  an  observation  was  made  at  149th  St.  &  3rd  Ave.  with  respect  to  the 
service  on  the  Boston  Avenue  line  from  6:00  P.  M.  to  midnight. 

Attached  hereto,   from  the  Department  of  Transportation,   is  a  blue   print   tabulation   covering  the   re- 
sults of  the  investigation. 

Additional   service  should  be  provided  for  the  accommodation   of  the   theatre  traffic  between   11:00  & 
1 1 :30  P.  M.  ,       ' 

Please  arrange  to  do  this  and  reply  stating  \vhat  increases  have  been  made. 

Very  truly  yours, 
DLT/AJC.  TRAVIS  H.  WHITNEY, 

End.  Secretary. 

Inv.  4r  1693. 


419 


PUBLIC  SERVICE  COMMISSION   FOR  THE  FIRST  DISTRICT. 


Bureau  of  Transit  Inspection. 

Union  Railway  Co. 
Line,  West  Farms,  Boston  Ave. 
Date,  Jan.  17th,  1910. 

Location  of  Observer,   149th   St.   and  3rd  Ave. 
Bound,  North  and  South.  Computer,  Steul. 

Checked  by  .  Investigation  No,  1,693. 


Sheet  No.   i. 


Seating  Capacity, 
North  Bocitd. 


5g> 

bo 

\ 

1 

1. 

0 

11 

a 

Time. 

Destination. 

if 

tern 
5 

EO 

^ 

2I 

^1 

Si 

ZPu. 

*s 

P.H. 

6.00  to   6.80 

Morris  Park  Ave 

7 

252 

264 

88 

2 

60 

6.80  "    7.00 

5 

180 

159 

82 

1 

10 

7.00  "    7,80 

7 

262 

190 

27 

1 

10 

7.80  "    8.00 

6 

216 

190 

82 

1 

10 

8.00  "    8.80 

4 
6 

144 
216 

120 
162 

80 
25 

8.80  "    9.00 

1 

20 

9.00  "    9.80 

4 

144 

140 

«5 

1 

•20 

9.80  "  10.00 

4 

144 

162 

40 

8 

SO 

10.00  "  10.80 

8 

108 

188 

44 

8 

85 

10.80  "  11.00 

5 

180 

155 

81 

1 

85 

11.00  "  11.80 

6 

180 

238 

48 

8 

70 

11.80  "  12.00 

it                 u 

6 

.80 

182 

26 

1 

South  BotWD 

• 

P.M. 

6.00  to   6.80 
6.80  ^'    7.00 

128th  St.  and  8d  Ave 

U                                 It 

Ct                                 M             ]*"i! 

it                                 it 
tt                                 tt 
it                                 »i 
it                                 t< 

it                                 it             *  * 

tt           tt     ■  y'\ 
it           it 

5 

7 

6 
5 
8 
5 
4 
3 
5 
6 
4 
5 

180 
252 
216 
180 
108 
180 
144 
108 
180 
216 
144 
180 

96 

118 

108 

96 

106 

96 

72 

72 

155 

84 

48 

58 

19 
16 
18 
19 
85 
19 
18 
24 
81 
14 
12 
11 

7  00  "    7  80 

7.80  "    8.00 

8.00  "    8.80 
8  90  "    9  00 

10 

9  00  "    9  80 

9  80  *'  lO  00 

10.00  "  10.80 
10  80  *'  11  00 

2 

85 

11  00  "  11  80 

11.80  "  12.00 

Mr.  F,  W.  Whitridge,  Receiver,  ^^^   ^°'"^'  ^""""'^  ^^*^'   '^°- 

Union  Ry.  Co., 
2396  Third  Avenue, 
N.  Y.  City. 

Dear  Sir: 

Herewith  is  sent  to  you,  from  the  Department  of  Transportation,  a  blue  print  tabulation  with  respect 
to  the  evening  service,  northbound,  on  the  Fordham  line  as  observed  at  149th  St.  &  3rd  Ave.  on  Jan.  17th, 
'10,  from  6:00  P.  M.  to  midnight. 

Additional  service  should  be  provided  for  the  accommodation  of  the  theatre  traffic  between  11:00  & 
II  :30  P.  M. 

It  is  expected  that  arrangements  will  be  made  to  do  this  at  once. 
Please  reply. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
DLT/AJC.  Secretary. 

End. 

Iiiv.#i694. 

420 


PUBLIC   SERVICE  COMMISSION   FOR  THE  FIRST  DISTRICT. 

Bureau  of  Transit  Inspection.  Sheet  No.  — . 

Union  Railway. 
Line,  Fordham  and  Woodlawn. 
Date,  Jan.   17th,   1910. 
Location  of  Observer,   149th  St.  and  3rd  Ave. 

Bound,   • — .  Computer,    Standfast. 

Checked    by    Steul.  Investigation    No.    1,694. 

Seating  Capacity,  36. 
North  Bookd. 


Time; 


p.  M. 

6.00  to   6.90 


6.30 

7.00 

7.30 

8.00 

8.80 

9.00 

9.30 

10.00 

lO.SO 

11.00 

11.30 


7.00 
7.30 
8.00 
8.30 
9.00 
9.30 
10.00 
10.30 
11.00 
11.80 
12.00 


Destination. 


)IcLean  Ave. 


so 

S5 


180 
288 
252 
216 
180 
288 
216 
144 
144 
144 
180 
144 


li 

a 

52 


179 
144 
166 
182 
120 

85 
187 

72 
106 

60 
214 

51 


SO 

1& 


^5 


86 

18 
22 
22 
24 
10 
28 
18 
26 
16 
43 
18 


£2 

S  9 

0  =* 

tf^    flS    M 

Bjaoa 


6 

*i6* 

TO 


South  Bound. 


p.  M. 

6.00  to  6.80 

128th  «<•■   

7 
8 
6 
7 
5 
7 
4 
5 
4 
5 
8 
4 

252 
288 
216 
262 
180 
252 
144 
180 
144 
180 
106 
144 

96 
90 
96 
108 
120 
72 
60 
96 
60 
72 
25 
86 

14 
11 
16 
15 
24 
10 
15 
19 
15 
14 
8 
9 

6,80  "  7.00 

7.00  "  7.30 

7  80  "  8.00 

8.00  "  8.80 

8  80  "  9.00 

9.00  "  9.30 
9.80  "  10.00 
10.00  "  10.80 

10  80  "  11  00 

11  00  "  11  30 

11  80  "  12.00 

Mr.   F.  W.  Whitridge,  Receiver,  New  York,  January  26th,  'la 

Union   Ry.   Co., 
2396  Third  Avenue, 
N.  Y.  City. 
Dear  Sir : — 

On  Jan.  17th,  '10,  an  observation  was  made  with  respect  to  the  service  on  the  White  Plains  Avenue 
line  at  150th  St.  &  Melrose  Avenue  from  6:00  P.  M.    to  midnight. 

Attached  hereto,  from  the  Department  of  Transportation,  is  a  blue  print  tabulation  covering  the  results 
of  the  observation. 

The  service  was  inadequate  during  each  half-hour  period  from  6:00  to  7:30  P.  M.  and  from  11:00  to 
II  :30  P.  M. 

During  the  former  period  a  five  minute  headway  should  be  provided  to  adequately  accommodate  the 
traffic.  During  the  latter  period,  two  extra  cars  should  have  been  operated  to  properly  accommodate  the 
theatre  business.  ' 

Please  arrange  for  these  improvements  and  reply  stating  what  has  been   done. 

Very   truly  yours, 

TRAVIS  H.  WHITNEY, 
DLT/AJC.  Secretary. 

End. 
Inv.#i690. 

421 


PUBLIC   SERVICE   COMMISSION   FOR  THE  FIRST  DISTRICT. 

Bureau  of  Transit  Inspection.  Sheet  No.  i. 

Line,  Union  Railway,  White  Plains  Ave.  Line. 
Date,  Jan.   17,  '10. 
Location  of  Observer,  156th  St.  and  Melrose  Ave. 

Bound  .  Computer,  Standfast. 

Checked  by  Danziger.  Investigation  No.  1,690. 

Seating  CAPAcrrr,  86. 
North  Bound. 


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6.00  to    6.30 

a42d  Street 

3 
4 
5 
3 
3 
2 
3 
3 
2 
3 
8 
8 

108 
144 
180 
108 
108 

72 
108 
106 

72 
108 
108 
108 

218 
182 
200 

98 
118 

63 
113 

101 

48 

90 

133 

108 

78 
45 
40 

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39 

81 
38 
37 
24 
30 
44 
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3 
3 
3 

110 

6.30  "    7.00 

50 

7.00  "    7.80 

20 

7.80  "    8.00 

10 

8.00  •'    8.80 

10 

8.30  "    9.00 

15 

9;00  "    9  80 

5 

9.30  "  10.00 

5 

10.00  "  10.30 

10.30  "  11.00 

30 

11.00  "  11.30 

25 

11.30  "  12.00 

SoDTH  Bound. 


p.  M. 

6  00  to   6.80 

128th  Street 

4 

4 
4 
3 
3 
3 
3 
3 
3 
2 
3 
2 

144 

144 
144 
108 
108 
108 
108 
108 
108 

72 
108 

72 

96 
41 
50 
64 
58 
48 
60 
37 
48 
14 
36 
11 

24 
10 
12 
21 
19 
14 
20 
12 
14 

7 
12 

6 

6  30  "    7.00 

7  00  "    7.30 

7  80  "    8.00 

8.00  "    8.30 

8.30  "    9.00 

9  00  "    9.30 

9  30  "  10.00 

10.00  "  10.30 

10.30  "  11.00 

11  00  "  11.30 

11  30  "  12.00 

Travis  H.  Whitney,  Esq.,  New  York,  January  27th,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  your  four  letters  of  January  26th  together  with  the  attached  blue  prints  giving  the 
result  of  observations  of  your  observers,  computers  and  checkers  on  the  Boston  Avenue  Ijne,. 
Fordham  Line,  149th  Street  and  Third  Avenue  Line  and  the  White  Plains  and  Melrose  Avenue 
Lines.  I  have  several  times  called  your  attention  to  the  desirability  of  having  a  joint  investiga- 
tion in  all  cases  similar  to  the  above,  as  I  have  repeatedly  detected  your  observers  in  gross  errors 
and  have  advised  you  of  the  same,  and  I  have  hoped  that  you  would  see  the  propriety  of  having 
such  a  joint  inspection,  which  would  practically  remove  all  doubts  as  to  the  thing  inspected. 

I  again  call  your  attention  to  the  fact  that  the  reports  which  you  send  me  contain  statements 
which  are  beyond  the  power  of  mortal  man  to  make. 

I  am  anxious  that  the  service  of  all  the  lines  under  my  direction  should  be  adequate  and  I 
welcome  any  suggestion,  reasonably  founded,  which  will  inform  me  of  deficiencies.     I  also  call 

422 


your  attention  to  the  unsatisfactory  manner  in  which  your  work  is  being  done  and  the  way  in 
which  you  deal  with  the  results,  which  prevents  the  close  co-operation  which  ought  to  exist 
between  your  Body  and  the  railroads. 

In  the  meantime,  I  have  as  in  previous  cases,  referred  these  reports  to  my  Superintendent 
with  instructions  to  consult  with  your  engineer,  and  do  what  is  desired  by  him. 

Yours  very  truly, 

Receiver. 

Frederick  W.  Whitridge,   Esq.,  New  York,  January  28th,  1910. 

Receiver,  3rd   Ave.   R.   R.  Co., 

130th  St.  &  3rd  Ave.,  N.  Y.  City. 
Dear    Sir: 

Your  letter  of  the  27th  inst,  addressed  to   Mr.  Whitney,  relative  to  the  reports  which  you  received 
regarding  the   service  on   some  of  your  Bronx  lines,  has  been  referred  to  me. 

I  shall  endeavor  to  make  an  informal  or  friendly  call  on  you  one  day  next  week,  when  we  can  talk 
over    your    suggestions.  Yours  very  sincerely, 

E.  G.  CONNETTE, 
EGC/LEK  per  K. 


J.  W.  Yenson,  Esq.,  New  York,  January  26,  1910. 

Claim    Agent,    Third    Avenue    Railroad    Co., 
Third  Avenue  and   130th  Street, 
New  York  City. 
Dear  Sir: 

Receipt   is   acknowledged  herewith   of   reports   of    three    accidents   as    follows: — 
January  20th  at   12  Noon,   First  Avenue  and  40th  Street; 

January  20th  at  11:30  P.   M.,  Third  Avenue,  between    56th    and    57th    Streets; 
January  21st  at  2:45  P.  M.,  Third  Avenue  and  77th  Street. 

As  soon  as  your  investigation  is  completed,  will  you  please  advise  the  Commission  as  to  any  action 
taken  as   to   discipline  of  the  motormen   in  the   above  cases. 

Yours   very  truly, 

LPB/CWT  TRAVIS  H.  WHITNEY, 

Secretary. 

Travis  H.  Whitney,  Esq.,  January  27th,   1910. 

Secretary,  Public  Service  Commission, 

154  Nassau  Street, 

New  York  City. 
Dear  Sir: 

Replying  to  your  communication  dated  yesterday,  which  refers  to  three  accidents  which 
occurred  on  several  of  the  divisions  of  the  system  recently  and  in  which  you  request  that  you 
be  advised  as  to  whether  or  not  the  motormen  operating  the  cars  in  question  were  disciplined  be- 
cause of  the  said  accidents  or  collisions,  beg  to  state  that  this  is  a  matter  which  concerns  the 
Operating  Department  only. 

I  have  therefore  taken  the  liberty  of  referring  your  letter  to  Mr.  Whitridge. 

Yours  very  truly, 

J.  W.  YENSON, 

Claim  Agent. 
423 


VAN   NEST   PROPERTY   OWNERS   ASSOCIATION 

Headquarters:    Columbia  Hall 

Van   Nest  Avenue  and   Garfield   St. 

New   York,   Jan.    25,    igio. 
To  the  Public  Service  Commission. 

Gentlemen : — 

I  am  directed  by  the  above  association  to  kindly  request  you  for  better  service  on  the  Williamsbridg 
and  Tremont  Ave.  lines.  From  i  to  5  A.  M.  cars  run  on  headway  of  40  minutes.  Morris  Park  cars  stc 
running  at  8 130  P.  M.  except  shuttle  cars.  Why  not  let  some  cars  run  through  all  night,  also  have  a  waitin 
car  on  3rd  Ave.  and  177th  St.  and  a  time  table  displayed   at   West   Farms. 

Hoping  you   give   this   matter   your   consideration,  I  remain, 

Yours  very  respectfully, 

(Signed)     RUDOLPH  PRALL, 

Secretary, 
1713   Van   Buren    St.,   Bronx. 


Travis  H.  Whitney,  Esq.,  New  York,  February  4th,  1910. 

Secretary  Public   Service   Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

Referring  to  yours  of  the  27th  in  respect  to  the  complaint  of  Rudolph  Prall,  secretary  c 

the  Van  Nest  Property  Owners  Association,  I     send  you  copy  of  a  memorandum   from  m 

General  Manager  in  respect  to  the  situation,  from  which  you  will  see  that  at  the  moment  it 

hardly  possible  for  us  to  do  anything,  but  as  soon  as  the  street  is  properly  repaired,  these  coi 

ditions  will  ameliorate  themselves. 

Yours  truly. 

Copy  to  Rudolph  Prall.  Receiver. 


MEMORANDUM. 

We  beg  to  state  in  answer  to  request  made  by  Mr.  Rudolph  Prall,  Secretary  of  the  Van  Nest  Proper 
Owners  Association,  to  the  Public  Service  Commission  for  better  service  on  the  Williamsbridge  and  Tr 
mont  Avenue  Lines,  that  the  condition  of  Walker  Avenue  upon  which  we  operate  cars  of  the  Tremo 
Avenue  Line,  has  been  in  the  hands  of  Contractors  since  1908,  who  have  been  regulating  and  gradh 
Walker  Avenue  from  Walker  and  Morris  Park  Avenues  to  Westchester  Avenue,  Westchester  Village,  ai 
is  still  under  construction. 

In  order  to  allow  Contractor  to  proceed  with  his  work  of  filling  in  street,  we  have  been  compelled 
shift  our  tracks  from  time  to  time  and  in  various  places  have  had  to  operate  cars  on  a  single  track. 

At  the  present  time  we  are  operating  cars  on  about  eighteen  hundred  feet  of  single  track  on  Walk 
Avenue,  between  Morris  Park  Avenue  and  Commonwealth  Avenue  and  also  upon  about  five  hundred  fe 
of  single  track  in  Westchester  Village. 

The  cars  operated  on   Walker  Avenue  have  and  are  at  the  present  time  being  blocked  daily  by  hea' 
trucking,  whereby  drivers  of  vehicles  drive  in  upon  our  track  and  their  progress  is  impeded  by  the  whe( 
sinking  in  the  new  fill  between  tracks.     In  quite  a  number  of  cases  we  are  compelled  both  day  and  night 
send  out  our  wrecking  crew  to  pull  them  off  the  track.     At   times    during  the   day  and  night,   it  is  almc 
impossible  to  maintain  any  kind  of  schedule. 

As  to  the  service  on  the  Tremont  Avenue  Line  being  inadequate  between  i  :oo  A.  M.  and  5  :oo  A,  L 
and  cars  being  operated  on  a  forty  minute  headway,  we  beg  to  state  that  the  riding  between  177th  Street 
Third   Avenue  and   Westchester   Village   does  not  warrant  any  shorter  headway,  as  these  cars  are  operat 

424 


from  177th  Street  &  Third  Avenue  to  150th  Street  &  Westchester  Avenue,   and   the   records   show   that  the 
riding  is  greater  from  Westchester  Village  to  isoth  Street  &  Westchester  Avenue. 

The  revenue  and  transfer  passengers  for  these  two  cars  on  January  31st,  1910,  from  1:00  a.  m.  to  5:00 
A.  M.  is  as  follows : 

Run  #655 — 97  cash  fares  and  16  transfer  passengers. 
Run  S467 — 87  cash  fares  and  15  transfer  passengers. 

With  respect  to  the  service  on  our  Williamsbridge  Line,  we  feel  that  no  extra  service  is  required  be- 
tween I  :oo  A.  M.  and  5  :oo  A.  M.,  as  the  riding  does  not  warrant  it  according  to  the  revenue  which  aver- 
rages  only  two  dollars   ($2.00)   a  car. 

Regarding  the  Morris  Park  Avenue  cars  not  runrang  through  to  Morris  Park  after  8:30  P.  M.,  we  feel 
that  the  riding  does  not  warrant  it,  as  the  shuttle  car  which  is  operated  from  White  Plains  Avenue  to 
Morris  Park  between  8:30  P.  M.  and  1:50  A.  M.,  carries  very  few  passengers.  The  number  of  passengers 
carried  on  this  shuttle  car  on  February  ist,  1910,  were  103  passengers;  2  being  cash  passengers  and  loi 
transfer  passengers. 

As  to  locating  a  waiting  car  for  passengers  at  177th  Street  and  Third  Avenue,  we  desire  to  say  there 
is  no  place  to  locate  a  waiting  car  at  the  above  intersecting  points,  unless  it  be  placed  upon  the  roadway, 
which  is  a  very  busy  and  congested  thoroughfare,  and  we  doubt  very  much  that  the  City  authorities  would 
allow  us  to  add  to  the  congestion  by  blocking  the  roadway  with  a  waiting  car. 

E.  A.  M. 

February  3rd,  1910. 


Frederick  W.   Whitridge,   Esq.,  New   York,  January   29,   1910. 

Receiver,   Union    Railway   Co., 
Third  Avenue  Railroad  Co., 

Third   Avenue  and   130th   Street,  ' 

New  York  City. 
T)ear  Sir: 

Commencing  February  ist  you  will  please  see  that  all  reports  of  "pull-ins"  are  reported  to  the  Com- 
mission according  to  the  following  classification  of  defects : — 

Car  bodies,  motors  and  fenders,  registers,  trolley  pole  or  base,  trolley  wheel,  trolley  springs,  air- 
Ijrake  motor,  air-brake  pump,  air  pipe  or  valve,  brakes,  gear  or  case,  pinions,  hot  journal,  broken  journal 
boxes,  truck  springs,  wheels,  wheelguards,  cables,  circuit  breakers,  controller,  headlight,  heaters  or  heater 
switch,  brushes  or  brush  holders,  motor  fields,  motor  armature,  light  switch  or  fuse,  resistance,  signs, 
light  circuit,  seats,  plow,  signal  bell,  glass,  step,  gate,  axle,   sand  box. 

Should   any   defect  occur  to  cars   other  than  the  above,  the  same  should  be  reported  as  heretofore. 

Please  acknowledge  receipt  of  this  leteter  and  oblige. 

Yours  very  truly, 
WJW/CWT  TRAVIS  H.  WHITNEY, 

Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  January  31st,   1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 
Dear  Sir: — 

I  have  yours  of  the  29th  in  which  you  ask  me  to  report  defects  in  my  cars  classified  under 
forty-five  different  heads,  and  also  request  that  in  case  any  defects  occur  to  the  cars  which  are 
not  included  in  any  of  these  forty-five  heads  they  should  be  reported  under  some  other  head. 

I  have  no  doubt  that  these  statistics  will  be  enormously  interesting  and  I  shall  take  great 
pleasure  in  supplying  them.  I  think  it  is  possible  that  you  may  be  able  to  employ  somebody,  if 
you  will  pay  sufficient  salary,  who  will  agree  to  read  them. 

Yours  truly. 


Receiver, 


425 


Secretary,  New  York,  Jan.  28,  igio. 

Public   Service   Commission, 
New   York  City. 
Dear  Sir : — 

The  undersigned  desires  to  complain  about  the  filthy  condition  of  the  cars  leaving  Fort  George  about 
7:30  A.  M. 

As  they  are  a  serious  menance  to  the  health  of  the  people  who  are  compelled  to  use  them,  a  complaint 
will  also  be  made  to  the  Department  of  Health  and  to  the  receiver  of  the  Third  Avenue  Railroad  Com- 
pany. Respectfully, 

(Signed)     IRVING  C.  LAVENDOL, 
1348  St.  Nicholas  Ave., 
City. 


Travis  H.  Whitney,  Esq.,  New  York,  February  2nd,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 
My  dear  Sir : 

I  have  yours  of  the  ist  instant  referring  to  the  complaint  of  Mr.  Irving  C.  Lavendol  of 
1349  St.  Nicholas  Avenue.  I  have  investigated  Mr.  Lavendol's  complaint  in  consequence  of  a 
letter  received  from  him  a  few  days  ago,  and  I  really  do  not  know  what  he  is  talking  about, 
except  that  the  cars  at  the  time  he  speaks  of  are  as  they  are  left  by  the  persons  who  use  them 
between  6  and  7  in  the  morning.    The  cars  are  clean  when  they  go  out. 

I  enclose  a  copy  of  my  previous  letter  to  Mr.  Lavendol. 

Yours  truly, 

Receiver. 


Mr.  Irving  C.  Lavendol,  New  York,  January  29th,  1910. 

1346  St.  Nicholas  Avenue, 
New  York  City. 
My  dear  Sir: 

I  have  yours  of  the  28th  in  which  you  speak  of  the  filthy  condition  of  the  cars  leaving  Fort 
George  about  7:30  A,  M.,  and  say  that,  as  they  are  a  serious  menace  to  the  health  of  the 
people  who  use  them,  you  propose  to  inform  the  Board  of  Health  and  the  Public  Service  Com- 
mission; inferentially  I  suppose  of  my  misconduct  in  allowing  them  to  remain  in  that  con- 
dition. 

In  reply  thereto  I  beg  to  inform  you  that  between  the  hours  of  6  and  7  a  very  large  number 
of  your  fellow-citizens,  who  are  engaged  in  rough  manual  labor,  use  the  cars  going  in  the  direc- 
tion of  Fort  George  to  reach  the  scene  of  their  labors.  They  are  much  less  particular  than 
you  in  their  habits,  and  after  they  have  used  the  cars,  which  were  clean  when  they  got  into 
them,  I  find  that  they  are  apt  to  be  in  the  condition  which  is  so  offensive  to  you  and  to  all  right- 
minded  people.  This  I  believe  is  a  temporary  condition,  as  the  labors  in  which  they  are  now 
engaged  will,  within  a  few  months,  be  completed,  and  this  travel  will  cease. 

426 


In  the  meantime,  I  do  not  feel  justified  in  building  a  barn  at  Fort  George  for  the  purpose  of 
washing  the  cars  after  these  particular  fellow-citizens  of  yours  and  mine  have  got  through 
using  them,  and  I  suggest  that  you  should  invite  the  Board  of  Health,  and  above  all  the  Public 
Service  Commission,  to  examine  these  gentlemen  or  what  other  cause  there  may  be  for  the  con- 
dition of  the  cars  to  which  you  refer,  and  get  them  to  provide,  suggest,  or  order  some  immediate 
remedy  for  these  conditions;  perhaps  they  or  some  of  them  will  be  able  to  prevent  these  par- 
ticular fellow-citizens  of  ours  from  chewing  tobacco  or  gum,  from  expectorating,  from  drink- 
ing absinthe,  from  abstaining  from  soap  and  water   and    from   exuding   offensive   effluvia    from 

their  bodies. 

Yours  truly, 

Receiver. 


F.  W.  Whitridge,  Esq.,  New  York,  February  3,  1910. 

Receiver.    Union    Railway    Company, 
204  East  128th  Street, 
New  York  City. 
Dear   Sir: — 

Complaint  is  made  by  Mr.  H.  Behn,  2668  Briggs  Avenue,  Bronx,  New  York,  that  the  early  morning 
cars  of  the  Kingsbridge  line  seldom  have  any  heat  turned  on  in  them.  He  mentions  specifically  car  No. 
722,  southbound,  at  about  6  A.  M.  on  February  i  had  no  heat  whatever  in  it  Will  you  please  have  proper 
attention  given  this  complaint  and  advise  the  Commission  by  February  14  of  the  facts  as  to  the  condi- 
tions generally  on  that  line  as  regards  heat.  Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
GFD/TM  Secretary. 

C-4358 


Travis  H.  Whitney,  Esq.,  New  York,  February  5th,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 
My  dear  Sir: 

I  have  yours  of  the  3rd  instant  in  respect  to  the  complaint  of  Mr.  H.  Behn,  about  the  cold- 
ness of  the  Kingsbridge  cars.  I  enclose  herewith  a  memorandum  made  by  my  General  Manager 
in  respect  thereto,  which  shows  the  difficulties  under  which  we  are,  at  the  present  at  least,  suf- 
fering in  respect  to  this  matter. 

Yours  truly, 

Enclosure :  Receiver. 

(Copy  to  Mr.  Behn) 


MEMORANDUM. 

Regarding  the  complaint  made  by  Mr.  H.  Behn,  "that  the  early  morning  cars  of  the  Kingsbridge  Line 
of  the  Union  Railway  Company  seldom  have  any  heat  turned  on  them,"  etc.,  we  desire  to  say  the  cause 
for  the  complaint  is  due  to  the  fact  that  the  several  insurance  companies  with  whom  insurance  is  carried 
upon  our  car  houses  and  their  contents,  insist  as  a  matter  of  fire  protection  that  we  must  remove  all 
poles  from  the  trolley  wires  in  the  car  houses  immediately  after  the  cars  have  been  housed,  and  remain 
in   that   condition  until   the   cars  are  again  brought  into  service,  and  in  view  of  the  severe  losses  sustained 

427 


by  the  insurance  companies  during  the  past  few  years  by  the  destruction  of  surface  railroad  car  house 
this  immediate  territory,  they  insist  upon  a  strict  compliance  with  this  and  other  rules  they  have  ei 
Jished  in  connection  with  the  insuring  of  railroad  property. 

Before  this  rule  was  in  force  our  custom  was  during  cold   weather  to  place  the  trolley  poles   upon 
wires  at  least  a  half   hour  before  the  cars  went  into   service,  turning  on  the  heat  at  the   same  time, 
the  result  that  they  were  comfortably  warm  when  placed  upon  the  various  lines  for  operation. 

Under  existing  conditions  it  requires  some  time  to  properly  heat  the  cars  upon  leaving  the  car  ho 
though  it  is  our  practice  to  turn  on  the  heat  to  such  degree  of  heating  capacity  as  weather  condii 
may  require. 

Under  the  circumstances  as  herein  stated,  there  is  nothing  we  can  do  to  improve  existing  condit 
(which  are  not  due  to  neglect  or  carelessness  upon  our  part,)  unless  we  ignore  the  insurance  rules, 
take  the   responsibility  and  risk  of  having  our  insurance   policies    cancelled. 

E.  A.  ; 

February  4th,   1910. 


JESSE  W.  TOBEY 
Attorney    and    Counsellor   at   Law 

60  Wall  Street. 

New  York,  February  ist,  19 
Public  Service  Commission, 
154  Nassau  Street, 

New    York    City 
Oentlemen : 

I  wish  to  enter  a  complaint  against  the  down-town  trolley  cars  stopping  at  the  corner  of  ]^ 
"hattan  Street  and  Broadway  directly  in  front  of  the  entrance  to  the  subway  station.  The  cars  wit 
exception  stop  with  the  front  end  of  the  car  at  the  very  entrance  of  the  subway  station,  so  that  a  pe 
■endeavoring  to  enter  the  station  from  the  west  side  is  obliged  to  travel  around  the  entire  length  of 
car  in  order  to  get  into  the  station.  There  is  no  reason  in  the  world  why  the  cars  should  not  stop  so 
the  rear  end  of  the  car  is  at  the  entrance  of  the  station.  As  they  do  at  the  present  time  a  person  ei 
-entering  or  leaving  the  station  is  obliged  to  wait  until  the  car  starts  or  else  go  around  the  rear  end  of 
•car,    which   means   traveling  around   the    entire   length  of  the  car. 

This  may  seem  a  small  matter,  but  it  is  extremely  annoying  to  the  residents  and  absolutely  unnecesi 
Trusting  that  your  honorable  body  may  see  fit  to  inquire  into  this,  I  remain, 

Yours   very  respectfully, 

(Signed)     JESSE  W.   TOBE 

Travis  H.  Whitney,  Esq.,  New  York,  February  5th,  igu 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir: 

I  have  yours  of  the  4th  instant  in  reference  to  the  complaint  of  Mr.  Jesse  W.  Tobey. 

send  you  herewith  copy  of  a  report  made  by  my  Superintendent  in  respect  to  the  matter,  wl 

appears  to  be  a  satisfactory  explanation  of  the  apparently  necessary  inconvenience  suffered 

Mr.  Tobey,  which  I  very  much  regret. 

Yours  truly, 

Enclosure:  "  Receive] 


Frederick  W.  Whitridge,  Esq.,  New  York,  February  5th,  191 

Receiver. 
Dear  Sir: 

The    reason    that    our   cars    cannot   stop    any    further    south    is    that    the    pier    supporting    the    sub 
structure    at   Manhattan    Street    would   block   the    entrance  to  the  cars.    This  would  necessitate  the  cars  g< 

428 


to  the  middle  of  the  block,  which  would  very  much  inconvenience  our  patrons.     We  cannot  stop  any  fur- 
ther north  than  we   do  at  the  present  time   on  account  of  a  circuit  breaker  in  the  track. 

I   will,   however,   issue   orders,  that  our  motormen  are  to  go  as   far   south   as  they   can,  at  the  same 
time  leaving  the  rear  exit  clear  of  the  subway  pier. 

Respectfully  yours, 

JAMES   A.   ROOSEVELT, 

General  Superintendent. 


New  York,  February  5,  1910. 
Frederick   W.    Whitridge,    Esq., 

Receiver,    42d    St.,    Manhattanville 
&  St.  Nicholas  Ave.  Ry.  Co., 

130th  Street  and  Third  Ave., 
New  York  City. 
Dear  Sir: — 

Complaint  has  been  made  that  the  tracks  on  the  Broadway-Amsterdam  Avenue  line  from  70th  Street 
to  a  point  near  726  Street  on  Amsterdam  Avenue  and  in  the  neighborhood  of  75th  Street  on  Broadway 
are  in  bad  shape  and  cause  an  unnecessary  amount  of  noise  when  cars  are  operated  over  them.  An  in- 
spection shows  that  the  complaint  is  well  founded.  Loose  joints,  rails  out  of  surface,  depressed  rail  treads, 
corrugations,    etc.,    are   among  the   defects   noted.     They  are  defects  which  can  be  removed  at  small  expense. 

Will  you  inform  the  Commission  by  February  15  as  to  what  repairs  you  will  make  to  satisfy  the 
complaint.  Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
GFD/TM  Secretary. 

2-4324 


Travis  H.  Whitney,  Esq.,  New  York,  February  7th,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  yours  of  the  5th  instant  in  respect  to  repairs  to  the  tracks  on  Broadway  and  Am- 
sterdam Avenue  between  70th  and  75th  Streets.  In  answer  to  a  certain  complaint  of  Edith 
M.  Clark  in  respect  to  these  tracks,  my  Superintendent  of  Maintenance  of  Way  reports  to  me 
as  follows : 

"We  have  no  tracks  on  Amsterdam  Avenue  at  this  location.  An  inspection  of  the 
"pavement  in  our  tracks,  on  Broadway,  shows  that  it  is  in  reasonably  good  condition, 
"except  at  the  special  work  at  71st  Street.  As  this  special  work  is  under  the  charge  of 
"the  Metropolitan  Street  Railway  Company,  I  am  notifying  their  Engineer  of  Maintenance 
"of  Way,  so  that  he  may  take  the  necessary  action  to  put  it  into  condition." 
In  view  of  your  letter,  I  have  however  instructed  him  to  do  what  is  possible  at  a  nominal 
expense. 

You  are  aware  that  I  have  estimated  for  a  large  sum  to  be  expended  on  the  tracks  of  the 
road  under  my  jurisdiction,  if  the  plan  of  reorganization  is  finally  agreed  upon,  and  I  do  not  think 
it  economical  in  view  of  the  possibility  of  a  near  expenditure  of  that  sort,  to  do  much  of  anything 
at  the  present  time  at  the  points  you  mention. 

In  addition  to  this  you  will  perhaps  recall  that  your  Honorable  Body  has  lately  brought 
an  action  against  me  for  some  eight  hundred  and  fifty  or  sixty  thousand  dollars.  Whether  this 
is  for  the  purpose  of  demonstrating  that  I  was  in  error,  in  my  late  examination  before  you,  in 

429 


saying  that  I  was  not  prepared  to  assume  that  public  regulation  would  diminish  the  profits 

the  Third  Avenue  Road,  or  whether  this  suit  was  brought  for  the  gratification  of  some  ot 

motive,  I  do  not  know.    It  seems  to  me  plain  that  it  cannot  have  been  brought  in  the  perfoi 

ance  of  any  public  duty,  but  it  has  been  brought  and  in  view  of  that  fact  and  of  the  twaddl 

interviews  which  have  appeared  in  one  or  two  papers,  purporting  to  come  from  members  of  y 

Commission,  to  the  effect  that  as  I  have  killed  a  policeman,  a  judgment  is  expected  on  this  act 

in  favor  of  the  Commission,  I  suppose,  as  a  prudent  man,  I  am  bound  to  abandon  the  expendit 

which  I  have  been  considering  for  new  construction  in  the  Bronx  this  Spring  and  every  other 

penditure  which  can  possibly  be  avoided,  until  I  have  accumulated  enough  money  to  pay  this  ju 

ment — when  you  have  got  it. 

Yours  truly. 

Receive! 


Frederick  W.  Whitridge,  Esq.,  Receiver,  New  York,  February  8,   1910. 

Forty-second  Street,  Manhattanville  &  St.   Nicholas  Ave.   Ry.   Co., 
No.  2396  Third  Avenue, 
New  York  City. 
Dear  Sir: 

In  your  annual  report  for  the  year  ended  June  30,  1909,  the  answers  to  miles  of  underground  < 
duit,  page  43,  are  not  yet  reported.    We  trust  you  will  be  able  to  obtain  the  information  within  a  short  ti 

Very  truly  yours, 
AFW/ARB  TRAVIS  H.  WHITNEY, 

Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  February  nth,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir: 

Referring  to  yours  of  the  8th  instant  in  respect  to  miles  of  underground  conduit,  I  h; 
you  herewith  an  approximate  statement  of  the  number  of  miles  owned  by  the  Third  Avenue  Re 
I  cannot  give  it  to  you  more  accurately  because  there  are  a  number  of  cases  in  which  then 
a  dispute  between  the  Metropolitan  Receivers  and  myself  as  to  the  ownership  of  the  conduit. 

The  attorneys  have  that  matter  under  discussion  and  as  soon  as  they  come  to  a  conclus 
— I  am  unable  to  say  when  that  will  be — I  will  furnish  you  with  a  corrected  statement. 

Yours  truly, 

Enclosure :  Receivei 

New  York,   February   nth,   1910. 

STATEMENT  OF  NUMBER  OF  DUCT  FEET  OF  DUCTS  ALONG  THE  LINES  OF  THE  F< 
LOWING    COMPANIES: 

Kingsbridge  Railway  Company ,.;... 633,691  duct  feet 

Third  Avenue  Railroad  Company ^   3,029,020      " 

42nd  St.,  M.  &  St.  N.  Ave.  Rwy.  Co ,....)    i,590,394 .     "      " 

Dry  Dock,  E.  B.  &  Battery  R.  R.  Co 123,119      "      " 

Total    5,376,224      "      " 

430 


Frederick  W.   Whitridge,  Esq.,  Receiver,  New  York,  February  lo,  1910. 

Union  Railway  Company  of  New  York  City, 
130th  Street  &  Third  Avenue, 
New  York,  N.  Y 
Dear  Sir: 

Transmitted  herewith,  and  hereby  served  upon  you,  is  a  certified  copy  of  an  Order  in  Case  No.  1198 
adopted  by  this  Commission  at  a  meeting  on  December  24,  1909,  requiring  the  filing  of  franchise  and  cor- 
porate  documents. 

In  connection  with  your  acknowledgment  hereof,  I  beg  to  call  your  attention  to  the  provisions  of 
Section  23   of  the   Public   Service   Commissions   Law. 

Very  truly  yours, 
1  TRAVIS    H.   WHITNEY, 

JHG/WFR  Secretary. 

Enc  O 


At  a  meeting  of  the  Public  Service  Commission  for  the  First  District,  duly  held 
at  its  office.  No.  154  Nassau  Street,  Borough  of  Manhattan,  City  and  State 
of   New   York,   on  the    24th    day    of    December,    1909. 


Present — 

William 

R.   Willcox, 

Chairman. 

William 

McCarroll, 

Edward 

M.   Bassett, 

Milo   R. 

Maltbie, 

John    E. 

Eustis, 

Commisioners 

Case   No.    1198. 

Order   for  Filing  Documents,  etc. 


RESOLVED:  That  the  following  be  adopted  and  that  it  be  served  on  each  railroad  corporation  and 
street  railroad  corporation  owning,  leasing,  operating  or  controlling  a  railroad  or  street  railroad  lying 
wholly  or  partly  within  the  First  District. 

YOU  ARE  HEREBY  ORDERED  AND  REQUIRED  to  file  with  this  Commission  within  thirty  days 
after  service  of  this  order,  exclusive  of  the  day  of  service,  sworn  copies  of  each  and  every  of  the  follow- 
ing books,  records,  contracts,  documents  and  papers  belonging  to  you  or  in  your  possession  for  yourself 
and  for  each  and  every  company  whose  lines  are  owned,  leased,  operated  or  controlled  by  you,  indorsing 
upon  each  sworn  copy  a  statement  of  the  public  office,  if  any,  in  which  the  original  is  filed  or  recorded 
and  the  date  of  filing  or  recording,  and  if  recorded  the  book  and  page  where  recorded;  and  also  hereafter 
without  further  or  other  order  to  file  with  the  Commission  within  five  days  after  their  execution  or  adop- 
tion sworn  copies  of  any  further  books,  records,  contracts,  documents  or  papers  affecting  the  subject  matter 
of  this  order. 

Where  any  book,  contract,  record,  document  or  paper  has  been  filed  by  you  before  service  of  this 
order,  the  filing  of  a  duplicate  is  not  required,  but  it  should  be  referred  to  as  having  -been  already  filed : 

(i)     Certificates    of    incorporation,    including    those  of  predecessor  companies. 

(la)   By-laws  now  in  force. 

(2)  Supplemental  or  amended  certificates  of  incorporation,  including  those  of  predecessor  companies. 

(3)  Statements  of  proposed  extensions  of  route  filed  by  present  or  predecessor  companies,  pursuant 

to  section  90  of  the  Railroad  Law. 

(4)  Transcript   of   corporate   records   relative   to  increases  or  decreases  of  capital  stock  of  present  and 

predecessor  companies  and  authorization  of  mortgages,  bond  issues  and  other  corporate  securi- 
ties  proposed,   outstanding  or   uncanceled. 

(5)  Consolidation   and   merger   agreements,    including  those    of    all    predecessor   companies. 

(6)  Consents  of  local  authorities  constituting  franchise  rights,  including  those  granted  to  predecessor 

companies. 

(6a)   Consents   of   local   authorities    relative   to   change    in    motive    power,    including   those    granted    to 
predecesor  companies. 

(6b)  Agreements  with  the  Dock  Department,  Bridge    Commissioner   or   other   municipal   authorities. 

(6c)  Agreements   with   and  permits   from  the  Federal   authorities. 

431 


(7)  Affidavits  that  necessary  property  owners'  consents    have    been    secured    in    each    instance    where- 

necessary,  stating  dates  and  places  of  filing,  including  those  of  predecessor  companies;  consents 
granted  by  local  authorities  as  property  owners  should  be  furnished  in  full. 

(8)  Orders  of  the  Board  of  Railroad  Commissioners  granting  or   denying  certificates  of  public  con- 

venience and  necessity  to  present  or  predecessor  companies;  also  all  judicial  decisions  relative  ta 
any  such  order  or  the  applicatioij  therefor.  In  lieu  of  furnishing  such  orders  and  decisions  you 
may,  at  your  option,  furnish  exact  references  to  all  such  orders  and  decisions,  giving  the  dates, 
thereof  and  also  the  dates  of  all  applications  for  such  orders. 

(9)  Applications  to  and  orders  issued  by  the  Board   of   Railroad   Commissioners   relative  to   approval 

of  or  change  in  motive  power;  or  in  lieu  thereof  a  reference  to  the  dates  of  such  applications 
and  orders. 

(10)  Applications  to  and  orders  issued  by  the  Board   of   Railroad   Commissioners   relative  to   changes 

in  capital  stock  or  bond  issues;  or  in  lieu  thereof  a  reference  to  the  dates  of  such  applications 
and    orders. 

(11)  Certificates  of  abandonment  of  route. 

(12)  Leases   affecting    franchises,    road   or   equipment,    including   specifically   all   leases   of    predecessor 

companies  under  chapter  302  of  the  Laws  of  1855,  chapter  254  of  the  Laws  of  1867,  chapter  505 
of  the  Laws  of  1879  and  section  79  of  the  General  Railroad  Law. 

(13)  Deeds,    mortgages    and    other    documents    in   the   chain    of   your   title,    not   including   under   this 

requirement  documents  relating  exclusively  to  specific  parcels  of  real  estate. 

(14)  All   deeds,    leases    or    other    instruments   by  which  present  and  predecessor  companies  acquired 

title  to  or  interest  in  any  piece  or  parcel  of  realty  within  the  First  District  now  owned  in  fee 
or  otherwise  owned,  held  or  controlled  by  you,  whether  forming  a  part  of  your  right  of  way  or 
otherwise.  (In  lieu  of  complying  with  this  requirement  you  may,  at  your  option,  furnish  original 
maps  or  blueprints,  showing  the  location  and  boundaries  of  each  piece  or  parcel  of  land  afore- 
said, and  indicating  for  each  such  piece  or  parcel  the  names  of  the  parties  to  all  deeds,  sub- 
sisting leases  or  other  conveyances  to  present  or  predecessor  companies,  the  nature  of  the  instru- 
ment and  the  interest  conveyed  thereby,  its  date,  and,  if  recorded,  the  liber  and  page  where 
recorded;  but  full  copies  must  be  furnished   of   instruments  not   recorded. 

(15)  All  traffic  and  trackage  agreements,  including   your   agreements    with    express   companies,    com- 

panies engaged  in  the  removal  of  ashes  or  other  refuse  or  other  companies  operating  upon  any 
portion  of  your  lines. 

(16)  All  agreements  with  terminal  companies  and  freight  warehouse  companies  and  with  other  rail- 

road companies. 

(17)  All  court  decisions  in  actions  in  which  you  or  predecessor  companies  were  parties  affecting  your 

intercorporate  relations  or  your  public  rights,  duties  and  obligations,  or  in  lieu  thereof  exact 
references  to  all  such  decisions. 

Corporations  operating  steam  railroads  not  wholly  within  the  First  District  are  exempted  from  com- 
pliance with  this  order  except  as  to  books,  records,  contracts,  documents  and  papers  relating  to  or  affecting 
their  rights,  franchises,  property,  obligations  or  passenger,  freight  or  express  traffic  within  the  First  District. 

Corporations  operating  street  railroads  partly  outside  of  the  First  District  are  exempted  from  com- 
pliance with  this  order  as  to  all  books,  records,  contracts,  documents  and  papers  relating  exclusively  to 
their .  rights,  franchises,  property,  obligations  and  passenger,  freight  or  express  traffic  wholly  outside  of  the 
First  District. 

IT  IS  FURTHER  ORDERED:  That  this  order  shall  take  effect  immediately  and  shall  continue  in 
force  until  modified  or  abrogated  by  further  order  of  the  Commission. 

IT  IS  FURTHER  ORDERED :    That  this  order  shall  supersede  Order  No.  8,  adopted  August  2,  1907. 

Travis  H.  Whitney,  Esq.,  New  York,  February  nth,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  dear  Sir: 

I  have  yours  of  the  loth  transmitting  order  1198  calling  for  a  vast  amount  of  information, 
most  of  which  I  do  not  think  I  have,  but  I  am  informed  also  that  it  was  all  furnished  to  you 

432 


by  the  Metropolitan  Receivers  before  my  appointment.  I  have  instructed  my  Auditor  and  Gen- 
eral Manager  and  every  one  concerned  to  make  search  and  see  how  much  of  the  stuff  you 
think  you  want,  we  have  not  already  sent  you,  and  have  it  copied  and  sent  you  as  promptly  as 

possible. 

Yours  truly. 

Receiver. 


Frederick  W.  Whitridge,  Esq.,  February   14th,   1910. 

Receiver  of  the  Third  Avenue  R.  R.  Co., 
130th  Street  and  Third  Ave., 
New  York  City, 
N.  Y. 
Dear  Sir: 

I  beg  to  acknowledge  receipt  of  your  favor  of  the  nth  inst.  relative  to  the  filing  of  documents.  At 
the  request  of  H.  A.  Robinson,  Esq.,  your  Counsel,  we  are  preparing  a  complete  list  of  documents  filed  by 
or  on  behalf  of  the  Third  Avenue  Railroad  Company  and  its  subsidiaries,  which  will  be  transmitted 
to  you  for  verification  and  checking  in  a  day  or  two.  Be  assured  that  we  appreciate  your  courtesy  in  render- 
ing such  prompt  and   willing   compliance   with   the   orders  of  this  Commission. 

Respectfully  yours, 

TRAVIS  H.  WHITNEY, 
DFW/LMB  Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  February  14th,   1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  enclose  herewith  a  copy  of  the  contract  between  the  Ames  Transfer  Company  and  Fred- 
erick W.  Whitridge,  Receiver  of  the  Third  Avenue  Railroad  Company,  relating  to  the  removal 
of  ashes  from  the  power  houses,  etc. 

This  paper  is  called  for  by  your  Order  in  Case  #1198,  requiring  the  filing  of  documents. 

Yours  truly. 

Enclosure:   l.  General  Manager  under  Receiver. 


Edward  A.  Maher,  Esq.,  Gen'l  Mgr.,  New  York,  February   15th.   1910. 

Third  Avenue  Railroad  Co., 

130th  Street  and  Third  Ave., 
New  York  City, 
N.  Y. 
Dear   Sir : 

I  beg  to  acknowledge  receipt  of  your  letter  of  February  14  enclosing  for  filing  with  this  Commission 
copy  of  contract  between  the  Ames  Transfer  Company  and  Frederick  W.  Whitridge  as  receiver  of  the 
Third  Avenue  Railroad  Co.,   relating  to  the  removal    of  ashes  from  the  power  houses,  etc. 

Permit  me  to  call  your  attention  to  the  fact  that  Order  No.  1198  requires  that  all  documents  filed 
with  the  Commission  be  certified  by  somebody  competent  to  vouch  for  the  correctness  of  the  copy.  If 
you  will  have  such  a  certification  prepared  and  sent  to  us  we  will  see  that  it  is  attached  to  the  agreement 
filed  by  you  today.  If  you  prefer  you  may  send  us  a  certified  copy,  in  which  case  the  uncertified  agree- 
ment will  be  returned  to  you.  Yours   very  trulv, 

TRAVIS  H.  WHITNEY, 
RCH/LMB  Secretary. 

433 


Travis  H.  Whitney,  Esq.,  New  York,  February  i6th,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear   Sir : 

Replying  to  your  favor  of  February  15th,  I  enclose  herewith  a  certified  copy  of  the  agree- 
ment between  the  Ames  Transfer  Company,  Inc.,  and  Frederick  W.  Whitridge,  Receiver  of  the 
Third  Avenue  Railroad  Company.  This  replaces  the  uncertified  agreement  sent  you  under  date 
of  the  14th  instant,  which  we  will  thank  you  to  return  to  us. 

Yours  truly. 

Enclosure:  i.  '  General  Manager  under  Receiver. 


Frederick  W.  Whitridge,  Esq.,  New  York,  February  nth,  1910. 

/  Receiver,  Union  Railway  Co., 

2396  Third  Avenue, 
New  York  City. 
Dear  Sir : 

1  have  your  letter  of  the  5th  inst.,  enclosing  a  copy  of  memorandum  from  your  General  Manager,  and 
the   difficulties   which   you    mention   are   fully    appreciated. 

The  Metropolitan  Street  Railway  Co.  are  subject  to  the  same  restrictions  and  conditions,  but  I  find 
from  investigation  made  by  inspectors,  that  the  cars  are  run  out  of  the  barns  and  heated  from  20  to  30 
minutes    every    morning    before    starting. 

Perhaps  you  might   be  able  to   improve   the   conditions    somewhat    by    following   the    same    method. 

Very   truly   yours, 
EGC/LEK  TRAVIS  H.  WHITNEY, 

Secretary. 


Travis  H.  Whitney,  Esq.,  February  i6th,  '10. 

Secretary,  Public  Service  Commission, 
Tribime  Building,  154  Nassau  Street, 
New  York  City. 
Dear  Sir: — 

We  desire  to  acknowledge  receipt  of  your  favor  of  February  nth  regarding  the  question 
of  heating  cars  before  leaving  the  barns  in  the  early  morning,  and  we  note  that  you 
say  the  Metropolitan  Street  Railway  Company  is  subject  to  the  same  restrictions  and  con- 
ditions ;  but  you  find  from  investigation  that  the  cars  are  run  out  of  the  barns  and  heated  from 
twenty  to  thirty  minutes  every  morning  before  starting. 

We  will  take  the  matter  up  with  the  Insurance  people  and  endeavor  to  have  their  order  so 
amended  that  it  may  be  possible  for  us  to  turn  the  heat  on  our  cars  within  a  reasonable  time 
each  morning  before  going  into  service. 

We  enclose  you  copy  of  letter  mailed  to  our  Insurance  representatives. 

Yours  very  truly, 

EAM/MFT.  General  Manager  Under  Receiver. 

434 


Messrs.  Marsh  &  McLennan  •  February  i6th,  'lo. 

54  William  Street, 
New  York  City. 
Gentlemen : 

Some  short  time  ago  complaint  was  made  to  the  Public  Service  Commission  to  the  effect 
that  cars  of  the  Union  Railway  Company  in  the  early  morning  hours  were  not  properly  heated. 

In  answer  to  the  complaint  we  stated  that  one  of  the  conditions  under  which  our  insurance 
was  placed  with  the  several  Companies  was  "that  immediately  upon  housing  the  cars  at  night 
the  trolley  poles  must  be  taken  from  the  wires  and  tied  down  and  kept  in  that  condition  until 
they  were  ready  to  go  in  service  again." 

We  have  been  endeavoring  to  live  up  to  this  understanding  and  as  a  rule  the  poles  are  all 
tied  down  when  the  cars  are  housed,  and  for  this  reason  on  the  first  trips  in  the  morning  the 
cars  are  run  out  without  heat  and  it  takes  some  little  time  before  they  become  heated  properly. 

To  this  excuse  we  have  received  a  reply  from  the  Public  Service  Commission  to  the  effect 
that  the  Metropolitan  Street  Railway  Company  is  subject  to  the  same  restrictions  and  conditions; 
but  the  Public  Service  Commission  find  from  investigation  made  by  their  inspectors,  that  the 
cars  are  run  out  of  the  barns  and  heated  from  20  to  30  minutes  every  morning  before  being 
placed  in  service. 

The  question  is :  has  the  Metropolitan  Company  the  authority  of  the  several  Insurance  Com- 
panies to  do  this,  or  are  they  doing  it  without  permission?  If  it  has  that  permission  we  should 
like  very  much  to  be  granted  the  same  privilege,  so  that  when  our  cars  go  out  there  will  be 
some  degree  of  heat  in  them,  which  will  make  them  at  least  comfortable. 

Will  you  kindly  let  us  have  your  views  upon  this  subject,  and  oblige, 

Yours  very  truly, 

EAM/MFT.  General  Manager  under  Receiver, 

Travis  H.  Whitney,  Esq.,  February  23d.  '10. 

Secretary,  Public  Service  Commission, 
Tribune  Building,  154  Nassau  Street, 
New  York  City. 
Dear  Sir: 

Further  replying  to  your  favor  of  February  nth,  with  respect  to  the  heating  of  our  cars 
in  the  early  morning  hours  before  placing  them  in  service,  we  desire  to  state,  as  promised  in  our 
communication  to  you,  that  we  took  up  the  matter  with  our  insurance  people  several  days  ago, 
and  from  them  we  have  a  report  this  morning  which  in  part  reads — 

"It  certainly  would  not  be  satisfactory  to  the  Insurance  Companies  to  leave  the  current  on 
the  cars  while  stored  in  the  barns,  and  it  is  not  the  practice  with  the  Metropolitan  Company  to 
do  this.  In  fact,  if  this  practice  were  adopted  a  great  many  important  companies  would  cancel 
the  risks,  and  we  would  again  be  short  of  Insurance." 

Yours  very  truly, 

EAM/MFT.  General  Manager  under  Receiver. 

435 


F.  W.  Whitridge,  Esq.,  New  York,  February  14,  1910. 

Receiver,  Union  Railway  Co., 
130th  St.  and  3rd  Avenue, 

New   York,   N.   Y. 
Dear   Sir : — 

Since  receipt  of  your  letter  of  January  27th,  a  further  inspection  has  been  made  of  the  service  on  th 
White   Plains  Avenue  line  and  the   Fordham   Heights  or  Kings  Bridge  line. 

If  regular  intervals  were  maintained  between  cars,  there  would  probably  be  no  reasonable  ground  fc 
complaint  of  inadequate  service.  There  may  be  some  peculiar  reason  why  the  headway  of  cars  on  Webst€ 
Avenue  and  Melrose  Avenue  between  149th  Street  and  Fordham  Road  cannot  be  kept  regular,  but  if  s( 
no  mention  has  been  made  of  it  in  any  correspondence  or  by  the  officials  of  the  Union  Railway  Company. 

The  observation  showed  that  the  number  of  passengers  per  car  ranged  from  as  low  as  6  to  as  hig 
as   49   without   any   apparent   reason,   except  that   there  were  long  gaps  between. 

Will  you  give  this  feature  of  operation  further  attention  and  inform  the  Commission  as  to  what  ha 
been  done  to  improve  it?  If  your  observations  do  not  bear  out  the  statement  that  the  headways  are  irregu 
lar,  and  that  by  reason  of  it  the  loads  are  unevenly  distributed,  I  should  be  glad  to  have  you  furnish  m 
with  the  facts. 

Very  truly  vours. 
GFD-P  '  TRAVIS  H.  WHITNEY, 

C-4168  Secretary. 

Travis  H.  Whitney,  Esq.,  February  15th,  10. 

Secretary,  Public  Service  Commission, 
Tribune  Building,  154  Nassau  Street, 
New  Yerk  City. 
Dear  Sir: — 

Replying  to  your  favor  of  February  14th,  addressed  to  the  Receiver  of  this  Company,  witt 
respect  to  the  service  on  the  White  Plains  Avenue  Line  and  the  Fordham  Heights  or  Kings 
Bridge  Line,  we  desire  to  state  that  we  operate  two  lines  over  the  routes  mentioned — the  King; 
Bridge  Line  starting  from  149th  Street  and  Melrose  Avenue  and  terminating  at  Bailey  Avenue 
and  230th  Street,  and  the  White  Plains  Avenue  Line  which  is  operated  from  128th  Street  anc 
Third  Avenue  and  terminates  at  White  Plains  Road  and  242nd  Street. 

As  both  these  lines  run  on  different  headways,  it  means  that  two  cars  are  liable  on  cer- 
tain portions  of  the  route  to  be  together,  while  at  other  times  they  will  be  a  considerable  dis- 
tance apart. 

The  conditions  at  this  season  of  the  year  on  many  of  the  streets  in  the  Bronx  are  such  as 
to  make  the  operation  of  cars  difficult  and  unsatisfactory,  notwithstanding  the  fact  that  we  are 
doing  everything  possible  to  keep  up  regular  headways  upon  our  several  lines. 

If  the  Commission  would  place  inspectors  at  the  Gun  Hill  Road  between  Webster  and  White 
Plains  Avenues,  especially  during  rush  hours,  they  would  readily  observe  the  reason  for  delays 
in  the  operation  of  our  White  Plains  Avenue  cars. 

This  Gun  Hill  Road  has  a  steep  grade  for  a  considerable  distance,  and  as  it  is  the  principal 
connecting  roadway  between  two  important  thoroughfares  over  which  there  is  a  great  amount 
of  vehicle  traffic,  of  all  descriptions,  including  many  heavy  laden  trucks,  which  frequently  meet 
with  difficulty  in  hauling  their  loads  up  the  steep  grade  in  question,  with  the  result  that  our  cars 
are  blocked  and  traffic  delayed  more  or  less  every  business  day. 

Another  serious  handicap  we  have  to  contend  with  regarding  the  operation  of  cars  on  both 
lines  referred  to  in  your  complaint  is  that  there  is  and  has  been  for  about  two  years  under  con- 

436 


struction,  a  trunk  sewer  on  Webster  Avenue  South  of  Wendover  Avenue,  which  necessitates  the 
operation  of  cars  upon  a  siding  for  about  i,ooo  feet,  and  we  are  compelled  to  remove  our 
tracks  from  one  side  of  the  roadway  to  the  other  as  the  sewer  work  progresses.  Teams  are  en- 
gaged in  the  hauling  of  material  to  and  from  the  sewer,  causing  frequent  delays  and  interrup- 
tions along  the  route  over  which  both  the  White  Plains  Avenue  and  the  Kings  Bridge  cars  are 
operated,     , 

Another  cause  for  delay  is  due  to  the  operation  of  cars  over  the  Third  Avenue  Bridge. 
The  frequent  opening  of  that  Bridge  between  ten  and  five  o'clock  daily  seriously  interferes  with 
the  headway  upon  all  of  the  lines  operating  over  said  Bridge. 

These  are  facts  that  can  only  be  verified  to  your  satisfaction  by  an  investigation  of  the 
conditions  which  exist  and  the  difficulties  we  meet  with  in  the  operation  of  our  cars,  and  while 
inspectors  may  be  stationed  at  some  given  point  noting  irregularities  in  the  service,  the  reason 
for  them  can  only  be  ascertained  and  determined  by  an  investigation  as  to  the  cause  of  such 
irregularities  and  delays. 

We  are  watching  the  operation  of  cars  upon  the  Union  Railway  lines  with  all  possible 
attention,  and  are  doing  the  very  best  we  can  to  give  to  the  public  the  service  it  deserves.  If 
we  cannot  do  so  it  is  certainly  due  to  conditions  over  which  we  have  no  control,  and  not  at  all 
due  to  indifference  or  carelessness  upon  the  part  of  the  operating  officials  of  this  Company. 

We  have,  however,  called  a  meeting  of  our  Superintendents  and  Inspectors  for  Thursday 

afternoon  of  this  week,  when  we  propose  to  take  up  with  them  in  detail  the  various  complaints 

that  have  been  made,  particularly  of  the  service  referred  to  in  your  communication  of  February 

14th,  and  if  there  is  anything  at  all  that  we  can  do  to  better  it  we  shall  certainly  do  so  and  do 

it  at  once. 

Yours  very  truly, 

EAM/MFT.  General  Manager  Under  Receiver. 

Frederick  W.  Whitridge,  Esq.,  New  York,   February   15,   1910. 

Receiver,  Third  Avenue  R.  R.  Co., 
130th    St.    &   3rd    Ave.,    N.    Y.    C. 
Dear   Sir: 

I  am  sending  you  herewith  for  your  convenience  in  checking  up  documents  called  for  by  Order  1198, 
a  list  of  papers  already  on  file  with  the  Public  Service  Commission  aflfecting  the  Third  Avenue  Railroad 
Company   and    its    subsidiary   companies.     A    duplicate  has  been  sent  to  Mr.  H.  A.  Robinson  at  his  request. 

I  will  call  particular  attention  to  the  requirement  of  Order  1198  that  all  documents  filed  should  be 
certified  by  affidavits  of  one  in  a  position  to  vouch  for  the  correctness  of  the  copy. 

Very  truly  yours, 
RCH/Z  TRAVIS  H.  WHITNEY, 

Ena  >  Secretary. 

LIST  OF  DOCUMENTS  FILED  WITH  THE  PUBLIC  SERVICE  COMMISSION  AFFECT- 
ING THE  THIRD  AVENUE   RAILROAD   COMPANY  AND  ITS  SUBSIDIARY  COMPANIES: 

THIRD  AVENUE  RAILROAD  COMPANY. 

1.  "Compilation   of   the   Charters,    Acts,    Ordinances  and  Agreements,  by  virtue  of  which  the  Third 

Avenue   Railroad   Company  is  Operated,"  dated  January  i,  1887. 

2.  Certificate  of  extension  on  St.  Nicholas  Avenue,  etc.,  dated  February  28th,  1883.     Uncertified. 

3.  Certificate  of  extension  on  Kingsbridge  Road   and   other   streets,    dated    February    16,    1895.     Un- 

certified. 

437 


4-     Certificate   of   extension   on   145th   Street   and  other  streets,  dated  August  15th,   1895.     Uncertified 

5.  Certificate  of  extension  on  East  79th  Street,  etc.,  February  9,   1897.     Uncertified. 

6.  Certificate   of   extension   on  East  99th   Street,  February  9,  1897.     Uncertified. 

7.  Certificate    of    extension    on    Pleasant    Avenue,    February   9,    1897.      Uncertified. 

8.  Certificate   of   extension   on    145th    Street,    February  9,  1897.     Uncertified. 

9.  Certificate   of   extension   on   Fort   George   Avenue,    February   23,    1909. 

10.  Certificate   of    increase   of   capital   stock    from    $5,000,000   to   $7,000,000,    February    17,    1893.      Ui 

certified. 

11.  Certificate  of  increase  of  stock  from  $7,000,000  to  $9,000,000,  January  12,  1895.     Uncertified. 

12.  Certificate  of  increase  of  stock  from  $9,000,000  to   $12,000,000,   August   29,    1896.     Uncertified. 

13.  Certificate  of  increase  of  stock  from  $12,000,000  to  $40,000,000,  July  24,   1899.     Uncertified. 

14.  Consent  of  Railroad  Commissioners  to  increase  of  stock  to  $40,000,000,  August  16,  1899.     Unce: 

tified. 

15.  Resolution  of   Common   Council,  December  31,  1852,  regarding  common  use  of  tracks  on  Bower 

etc. 

16.  Franchise   granted    January   9,    1909,    by    City  of  New  York  for  Fort  George  Avenue  extension. 

17.  Contract  with  City  of  New  York,  March  4,  1909,  for  Fort  George  Loop  Extension. 

18.  Consent   of   property   owners   for   Fort   George  Loop  Extension. 

19.  Consent   of   Railroad    Commissioners   to   change  motive  power  to  underground  electricity,   Augu; 

2,  1898.     Uncertified. 

20.  First   Mortgage  to   Farmers  Loan  &  Trust  Company  for  $5,000,000,  July   i,   1897.     Uncertified. 

21.  Consent  of   Railroad  Commissioners  to  $50,000,000  mortgage.  May  14,  1900.    Uncertified. 

22.  First  Consolidated   Mortgage   to  Morton  Trust   Company   for  $50,000,000,   May   15,    1900.     Unce: 

tified. 

23.  Decree  of  foreclosure  and  sale.  May  17,  1909. 

TRACKAGE   AGREEMENTS. 

In   addition   to  trackage  agreements  included  in  Pamphlet  No.  i,  the  following  has  been  filed : 

24.  Track  agreement  with  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company,  August  21,  186 

25.  Agreement  with  Avenue  C  Railroad  Company,  December  26,  1871.    Uncertified. 

26.  Track  agreement  with  New  York  and  Harlem  Railroad  Company,  October  2nd,  1890.    Uncertified 

27.  Letter  March   15th,  1892,  from  Sixth  Avenue   Railroad   Company,    relative   to   crossing   at   Leno 

Avenue  and  125th  Street.    Uncertified. 

28.  Agreement  with  Lexington  Avenue  and   Pavonia    Ferry    Railroad    Company,    February    23,    189 

relative  to   ii6th   Street  tracks.     Uncertified. 

29.  Copy  of  correspondence  with   Metropolitan  Street    Railway    Company,    September,    1895,    relatiA 

to  crossing  at   125th  Street  and  Lexington  Avenue.     Uncertified. 

30.  Agreement   with    Manhattan    Railway   Company,  April  31,   1899,  adjusting  Transfers. 

31.  Agreement  with  42nd  St.,  Manhattanville  &  St.  Nicholas  Ave.  Ry.  Co.,  November  3,  1904,  cove; 

ing  tracks  on  Manhattan  Street.     Uncertified. 

32.  Operating  agreement,   February  29,   1908,   between  Receiver  of  Third  Avenue  Company  and  King: 

bridge    Railway   Company.     Uncertified. 

33.  Agreement   between    Receiver   of   Third    Avenue   Company  and  Receivers  of  Metropolitan   Strei 

Railway    Company,    dated    March    10,    1908,  cancelling  track  agreements  of  December  31,  189 

34.  Agreement  between   Receiver  of   Third   Avenue  Company  and  Receivers  of  New  York  City  Rai 

way  Company,  dated  June  22,  1908,  for  interchange  of  electric  power. 

35.  Agreement  between   Receiver  of   Third  Avenue    Company   and    Receivers   of    Metropolitan    Stre< 

Railway  Company,   dated  July  26,   1909,  covering  maintenance   of   special   work.     Uncertified. 

MAPS. 

36.  Tariflf   Map,   filed   October  22,   1908. 

27.     Maps  showing  real  estate   in   New   York  City,   filed   April   17,    1909. 

DRY  DOCK,  EAST  BROADWAY  AND  BATTERY  RAILROAD  COMPANY. 

1.  Pamphlet   entitled    "Compilation   of    Charters,"   dated  August  24,   1897. 

2.  Mortgage  to  Farmers  Loan  &  Trust  Company,  December  i,   1892,  $1,000,000. 

3.  Copy  of  certificate  of  indebtedness,  payable  February  i,  1914,  authorized  issue  of  $1,200,000.    Ut 

certified. 

4.  Track  agreement  with  Twenty-third  Street  Railway  Company  for  use  of  tracks  on  First  Avenu 

July  31,   1873. 

438 


5 
6, 

7- 
8. 

9 

lO. 


Agreement    with    Houston,    West    Street    and   Pavonia   Ferry  Railroad   Company,  July  31,    1874. 
Agreement  August  24.  1885,  with  Christopher   &    lOth    Street    Railroad    Company,    for   crossing   at 

loth    Street    and    Avenue    B.     Uncertified. 
Agreement  August  24,    1885,   with  23rd   Street  Railroad  Co.   for  crossing  23rd   Street  and  Avenue 

A.     Uncertified. 
Agreement   with    Broadway   and   7th   Avenue    Railroad    Company,    August    5,    1891,    for    crossing 

at  Grand,  Canal  and  Walker  Streets  and  Broadway.     Uncertified. 
Agreement    with    Metropolitan    Street    Railway  Company,  December  31,   1897. 

Agreement   August    i,    1904,    with    New    York  City  Railway   Company,  relative  to  transfers.     Un- 
certified. 
Agreement  with  New  York  City  Railway  Company,   January    i,    1905,    for   tracks   on    Essex   and 

other  Streets. 
Agreements  with  New  York  City  Railway  Company  relative  to  supply  of  electric  power  and  cars, 

December  i,  1905.     Uncertified. 
Agreement    with    Railway    Advertising    Company    for    advertisements    on    transfer    tickets,    March 

20th,    1906.     Uncertified. 
Agreement  with   Metropolitan   Railway   Company  and  42nd  Street  and  Grand  Street  Ferry  Railroad 

Company,  May  27,   1906.   for  use  of  Grand    Street  tracks.     Uncertified. 
Agreement    March    10,    1908,    between    Receiver  of   Dry   Dock   Company   and    Metropolitan    Street 

Railway    Company,    cancelling    trackage    agreement  of  December  31.   1897. 
Copy  of  correspondence  between  Receiver  of   Dry    Dock   Company   and    Receivers    of    New    York 

City  Railway  Company,  April,  1908,  for  operation    over    Williamsburg    Bridge.      Uncertified. 
Agreement  between    Receivers   of    New   York  City  Railway  Company  and  Receiver  of  Dry  Dock 

Company  for  interchange  of  electric  power,  June  22,   1908. 
Agreement    between    Receiver    of    Dry    Dock    Company    and    Receivers    of    Metropolitan    Street 

Railway  Company,   covering  maintenance  of  special  work,  July  26th,  1909.     Uncertified. 
Agreement  between  Receiver  of  Dry  Dock  Company  and  Receivers  of  Metropolitan  Street  Railway 

Company,  July  27,    1909,   for  electrification  of  Canal   Street  Tracks.     Uncertified. 


MAPS. 

20.  TariflF  Map  filed  October  22.  1908. 

21.  Property  Maps  filed   April   17,   1909. 

22.  List  and  description  of  operated  routes,  October  21,  1908. 


FORTY-SECOND    STREET,     MANHATTANVILLE    AND    ST.    NICHOLAS    AVENUE    RAILWAY 

COMPANY. 


I. 
2. 

3- 

4- 
5- 
6. 

7- 
8. 

9- 

ID. 


12. 

13- 
14- 

15- 

16. 

17- 


Pamphlet,    entitled    "Compilation    of    Charters,"  July  i,  1896. 

Certificate  of  extension  on  42nd  Street,  etc.,  May   12,   1884. 

Certificate  of  extension  on  Kingsbridge  Road,  January  30.   1897.     Uncertified. 

Certificate  of  extension  on   St.   Nicholas  Ave.  and  other  streets,  January  30,   1897.     Uncertified. 

Certificate  of  extension   on  Lenox   Ave.,   February  9,    1897.     Uncertified. 

Certificate  of  extension  on  West  66th   St.,  etc.,   February  9.   1897.     Uncertified. 

Certificate  of  extension  on  West  96th  St.,  etc.,  February  9,  1897.     Uncertified. 

Certificate  of  extension  on  Pleasant  Ave.,  February  9,   1897.     Uncertified. 

Certificate  of  increase  of  capital  stock  to  $7,500,000,    dated,    1899.      Uncertified. 

Approval   of   Railroad   Commissioners  to   increase   of   stock  to  $7,500,000,   August   16,    1899.     Un- 
certified. 

Act  to  regulate  the  laying  and  using  of  tracks  on   Amsterdam   Ave.     Chapter  371,   Laws   of    1899. 
LTncertified. 

Mortgage   to   Union   Trust   Company  of   New   York,   $1,200,000,   March    loth,    1880.     Uncertified. 

Mortgage   to   Union   Trust   Company  of   New  York,  $1,600,000,  July  i,  1885.     Uncertified. 

Agreement    with    Houston,    West    Street    and    Pavonia    Ferry   Railroad    Co.,   March   20,    1886.    for 
use   of   Lexington   Avenue   tracks.     Uncertified. 

Track  agreement  with  Houston,  West   Street    and    Pavonia    Ferry    Railroad    Company    for    42nd 
Street   tracks,   etc.,   July   13.    1886.     Uncertified. 

Agreement  with  Houston,  West  Street  and  Pavonia  Ferry  Railroad  Co..  December  15,  1886,  for  use 
of   tracks   on   42nd    Street.     Uncertified. 

Supplemental    agreement   with    Metropolitan  Street    Railway    Company,    dated    December  -31,    1897. 
Uncertified. 

439 


[8.    Track    agreement    with    Metropolitan    Street  Railway  Company,  December  jist,  1897.    Uncertified. 

19.  Joint  statement  and  agreement  with  North  Eind   Street  Railway  Company,  etc.,   for  certificate   of 

convenience   and    necessity    for   the   Boulevard,  July  13,   1888.     Uncertified. 

20.  Agreement    with    Metropolitan    Street    Railway    Company,    December    31,    1898,    for    relocation    of 

tracks  on  42nd  Street.     Uncertified. 

21.  Agreement  with  New  York  Central  &  Hudson    River    Railroad    Company,    August    24,    1897,    for 

crossing  at  42nd  Street  and  nth  Ave.     Uncertified. 

22.  Agreement  dated  October  24,  1901,  with  Metropolitan   Street  Railway  Company  for  use  of  tracks 

on  Broadway  between  59th  and  45th  Streets. 

23.  Agreement  dated   March  4,   1902,  with   Metropolitan    Express    Company.     Uncertified. 

24.  Agreement  dated  February  20,  1904,  with  Interurban   Street   Railway   Company   for   use  of  tracks 

between  71st  and  130th  Street  Ferry. 

25.  Agreement  dated  August  25th,   1904,  with  New   York   City   Railway   Company,   covering  joint  use 

of  tracks. 
2(>.     Agreement   with   Third    Avenue    Railroad    Company,  dated  November  3,  1904,  for  use  of  tracks  on 
Manhattan  Street.     Uncertified. 

27.  Agreement  with   Railway  Advertising   Company    for    advertisements    on    transfer    tickets,    March 

20th,    1906.     Uncertified. 

28.  Agreement  dated  March  10,  1908,  between  Receiver    of    42nd    Street    Company    and    Receivers    of 

Metropolitan   Street  Railway  Company  cancelling  track  agreement  of  December  31,  1897.     Un- 
certified. 

29.  Agreement  dated  June  22,   1908,  between  Receiver  of  42nd  Street  Company  and  Receivers  of  New 

York   City   Railway  Company   for   interchange  of  electric  power.     Uncertified. 

30.  Agreement  dated  July  25,   1909,  between  Receiver    of    42nd    Street    Company    and    Receivers    of 

Metropolitan    Street    Railway    Company    for   maintenance   of   special   work.     Uncertified. 

31.  Agreement  dated  August  4,  1909,  with  New  York  Central  &  Hudson   River  R.   R.   Company,  rela- 

tive to  crossing  at  42nd  St.  and  nth  Ave.     Uncertified. 

MAPS. 

32.  Tariff  Map  filed  October  22,  1908. 

33.  Property  maps   filed   April   17th,    1909. 

34.  List  and  description  of  operating  routes,  October  21,  1908. 

KINGSBRIDGE  RAILWAY  COMPANY. 

1.  Pamphlet   entitled   "Compilation   of    Proceedings  Constituting  Charter,"  April  i,  1901. 

2.  Promissory  note   for  $2,248,792.70,  dated   May  15,  1900.     Uncertified. 

3.  Joint   statement   and    agreement   with    Metropolitan  Street  Railway  Co.,  etc.,  dated  July  8,  1908,  for 

tracks    on    the    Boulevard.      Uncertified. 

4.  Agreement   with    Metropolitan    Street    Railway   Company,   July  8,   1901,   for   construction   of   road. 

Uncertified. 

5.  Agreement  with  John  B.  McDonald,  etc.,  for    construction    of    bridge    over    Harlem    Ship    Canal, 

March  9,   1905.     Uncertified. 

6.  Operating  agreement  with  New  York  City  Railway   Company,   May   i,   1906.     Uncertified. 

7.  Operating  agreement  with   Receiver  of  Third  Avenue  Railroad  Company,  February  29,  1908.     Un- 

certified. 

8.  Agreement   June   22,    1908,   between   Receiver  of  New  York  City  Railway  Company  and  Receiver 

of  Third  Avenue  Railroad  Company  for  interchange  of  electric  power.     Uncertified. 

9.  Tariff  Map  filed  October  22,  1908. 

UNION  RAILWAY  COMPANY  OF  NEW  YORK  CITY. 

1.  Pamphlet  entitled  "Compilation  of  Act  and  Proceedings  Constituting  Charter,"  dated  April  2,  1894. 

2.  Statement  of  proposed  extension  on  Willis  Avenue,   May   13,    1905.     Uncertified. 

3.  Certificate    of    extension    on    Pelham    Avenue,  December  9,   1909. 

4.  Franchise  in  Village  of   South  Mount  Vernon,  April   14.   1894.     Uncertified. 

5.  Franchise   for   McComb's  Dam   Bridge,   September  8,  1903. 

6.  Franchise    in    City   of    New    York,    December  18,   1908,   for  Fordham  Road,  etc. 

7.  Franchise   in    City   of    New    York,    December  18,  1908,  for  Pelham  Ave.,  etc. 

8.  Contract  with  City  of  New  York,  March  i,  1909,   for  road  on  Pelham  Avenue. 

440 


9.     Supplemental  agreement  with  City  of  New  York,  April  13,   1909,  for  payment  of  annual  charges 
for  franchise  on  Pelham  Avenue. 

10.  Resolution  of  Board  of  Estimate  and  Apportionment  permission  construction  of  siding  on  Broad- 

way and  242nd   Street,  December  3,   1909. 

11.  Consents  of  property  owners  for  road  on  Pelham  Avenue,  December  2,    1902,  to  January,   1909. 

12.  Approval  of  Board  of  Railroad  Commissioners  to  operation  of  overhead  trolley  system,  December 

10,  1902.     Uncertified. 

13.  First  Mortgage  to  the  Central  Trust   Company  of  New  York,  August  i,  1892.    $2,000,000. 

14.  Agreement   dated   March    10,    1904,   with   New   York  and  Harlem   Railroad   Company    for   use   of 

tracks  on  Madison  Avenue  Bridge. 

15.  Agreement  with  New  York  City  Railway  Company,  June  21,  1897,  for  road  on  i3Sth  Street.    Un- 

certified. 

16.  Agreement   with   Westchester   Electric   Railroad  Company,  etc.,  November  26,  1901,  for  tracks  on 

Webster   Avenue,   etc.     Uncertified. 

17.  Agreement   March   4,    1902,   with    Metropolitan  Express  Company.     Uncertified. 

18.  Agreement  December  2,   1904,  for  use  of  tracks  of  Bronx  Traction  Co. 

19.  Agreement   with    New   York   City   Interborough  Railway  Company  for  use  of  tracks  on  Aqueduct 

Aventie,  etc.,  May  8,   1908.     Uncertified. 

20.  Agreement,  May  8,  1906,  with  New  York  City   Interborough    Railway    Company    for    exchange    of 

transfers.     Uncertified. 

21.  Track   agreement   with   New   York   City   Interborough  Railway  Company,  June  25,   1907.     Uncer- 

tified. 

22.  Agreement,  June  22,   1908,  with  Receivers  of  New  York  City  Railway  Company  for  interchange 

of  electric  power.     Uncertified. 

MAPS. 

23.  Tariff  Map  filed  October  22,  1908. 

24.  Map  showing  real   estate,  December,    1908. 

25.  State  of  operated  routes,   March   10,   1908. 

26.  Agreement    with    Railway    Advertising    Company    relative    to    advertisements    on   transfer   tickets, 

March  20,   1906.     Uncertified. 

SOUTHERN    BOULEVARD   RAILROAD    COMPANY. 

1.  Pamphlet  containing  franchise  documents,  dated  June  i,   1903. 

2.  First  Mortgage  to  Central  Trust  Company  of   New  York,  July   ist,   1895.     Uncertified. 

3.  Agreement   with   Metropolitan    Express   Company,  March  4,  1902.     Uncertified. 

4.  Agreement  dated  June  22,   1908,  with  Receivers  of  New  York  City  Railway  Company,   for  inter- 

change of  electric  power. 

5.  Description  of  routes,   October   19th,   1908. 

BRONX    TRACTION    COMPANY. 

1.  Pamphlet   containing    franchise   documents   of  constituent  companies,  July  i,   1903. 

2.  Certificate  of  extension  of  route  on  Clason  Point  Road,  December  9,   1908. 

3.  Franchise  from  City  of  New  York  for  Clason  Point  Road,  December  21,   1908. 

4.  Contract  with  City  of  New  York,  Feb.  21,  1909,  for  Clason  Point  Road. 

5.  Operating  agreement  with  Union  Railway  Company  of  New  York  City,  November  2,   1904. 

WESTCHESTER    ELECTRIC    RAILROAD    COMPANY. 
I.     Pamphlet  entitled  "Franchise  Documents"  dated  June   i,    1903. 

YONKERS    RAILROAD   COMPANY. 
I.     Pamphlet  entitled  "Franchise   Documents"  dated  June  i,  1903. 


441 


Order  1198. 
Travis  H.  Whitney,  Esq.,  New  York,  February  i8th,  1910. 

Secretary,  Public  Service  Commission, 

Tribune  Building,  154  Nassau  Street, 
New  York  City. 
Dear  Sir: 

We  desire  to  acknowledge  receipt  of  your  favor  of  February  15th,  containing  a  list  of 
papers  already  filed  with  the  Public  Service  Commission  affecting  the  Third  Avenue  Railroad 
Company,  and  its  subsidiary  companies,  and  we  thank  you  very  much  for  the  same. 

Yours  very  truly, 

EAM/MFT.  General  Manager  Under  Receiver. 


Frederick  W.   Whitridge,   Esq.,  New  York,  February  i6th,  1910. 

Receiver,  Union   Railway  Co., 
130th   St.  &  Third   Avenue, 
New  York  City. 
Dear   Sir : 

On  February  loth,  at  7:35  P.  M.,  a  car  was  derailed  at  Fordham  Road  and  Tiebout  Avenue.  After 
leaving   the   track   the   car   travelled   approximately    120  feet  over  a  hard  road,  and  run  into  a  butcher  shop. 

I  understand  that  this  accident  was  duplicated  a  few  years  ago.  It  is  probable  that  the  accident 
was,  to  some  extent,  due -to  the  carelessness  or  recklessness  of  the  motorman,  and  the  curve  may  not 
have  been  properly  greased.  But  some  of  the  fault  perhaps  is  attributable  to  the  condition  of  the  curve, 
which  should  be  reconstructed  of  a  spiral   design   with  proper  guard  rail  and  proper  gauge. 

I  should  also  suggest  that  a  "stop"  or  "slow"  sign  located  at  the  proper  point  would  have  a  tendency 
to  cause  motormen  to  go  around  the  curve  at  a  proper  speed,  and  might  be  the  means  of  avoiding  a 
serious  collision  with  automobiles  or  other  vehicles   at   this   crossing. 

Will  you  please  advise  the  Commission  what  improvements,  if  any,  you  contemplate  making  in  order 
to   make  the   conditions   better   and   more   safe   at   this   point. 

Very  truly  yours, 
EGC/LEK  TRAVIS  H.  WHITNEY, 

Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  February,  i8th,  1910. 

Secretary,  Public  Service  Commission, 

Tribune  Building,  154  Nassau  Street, 
New  York  Gty. 
Dear  Sir: 

Replying  to  your  favor  of  February  i6th,  regarding  the  derailment  of  one  of  our  cars  at 
Fordham  Road  and  Tiebout  Avenue  on  February  loth,  we  desire  to  submit  a  statement  taken 
from  a  report  made  by  our  Superintendent. 

"On  February  loth,  1910,  car  #561  operated  by  Motorman  William  Kroohs,  Badge  #1080, 
and  Conductor  J.  Burke,  Badge  #211  of  the  Kingsbridge  Line,  jumped  track  at  Fordham  Road 
and  Tiebout  Avenue  at  7:35  p.  M.,  where  there  is  a  sharp  curve,  and  car  ran  for  a  distance  of 
about  eighty-five  feet  across  the  curb  and  into  a  building  occupied  by  a  butcher  named  Wolf. 

"The  front  part  of  the  car  went  through  the  building  and  into  the  same  for  a  distance  of 

about  ten  feet.     No  one  was  seriously  injured. 

442 


"Our  track  foreman  with  his  assistant  arrived  about  an  hour  after  the  accident  happened, 
and  examined  the  track  and  curve,  and  gauged  the  same,  and  found  the  curve  to  be  in  good  condi- 
tion, and  it  is  my  opinion  that  the  Motorman  ran  too  close  to  the  curve  before  realizing  it,  strik- 
ing the  same  hard,  causing  car  to  jump  track. 

"The  Motorman  claimed  the  brakes  were  locked ;  but  a  thorough  investigation  was  made  by 
the  foreman  and  our  Master  Mechanic,  and  the  car  was  found  to  be  in  good  condition,  and  the 
brakes  were  not  locked. 

"There  is  a  guard  rail  on  the  inside  and  outside  of  each  track  on  this  curve  which  is  about 
sixty  feet  in  length,  and  the  outside  rail  has  an  elevation  of  i^^"  around  the  curve.  This  curve  is 
greased  each  day,  and  the  instructions  to  the  track  greaser  have  been  to  use  grease  and  not  oil 
on  this  particular  curve. 

"On  March  17th,  1905,  Motorman  Gootschalk  jumped  track  with  his  car  at  this  same  curve 
running  into  the  same  building,  and  he  admitted  at  the  time  that  he  was  too  close  to  the  curve 
before  he  realized  it,  and  could  not  stop  his  car  in  time  to  prevent  striking  the  curve  with  great 
force,  which  caused  the  car  to  leave  the  rail,  and  we  are  of  the  opinion  that  the  same  conditions 
apply  to  the  recent  accident. 

"There  is  a  down  grade  from  Valentine  Avenue  to  the  point  of  curve  at  Tiebout  Avenue 
where  this  car  jumped  the  track,  a  distance  of  about  215  feet. 

"All  Mortormen  operating  cars  on  Kingsbridge  have  been  instructed  about  slowing  down 
at  all  curves ,  but  at  this  one  in  particular." 

In  connection  with  this  report  we  have  directed  as  a  further  possible  means  to  avoid  acci- 
dents, and  in  accordance  with  your  suggestion,  that  "slow  down"  signs  be  placed  at  this  point  im- 
mediately, and  we  have  also  requested  our  Engpineers  to  have  a  survey  made  for  the  purpose  of 
installing  a  spiral  curve,  and  we  will  see  to  it  that  as  soon  as  the  survey  is  made  and  measure- 
ments taken,  an  order  will  be  given  at  once  for  said  spiral  curve,  and  we  will  have  it  installed 
immediately  upon  its  receipt  from  the  Company  to  whom  the  order  will  be  given. 

Yours  Yery  truly, 

EAM/MFT  General  Manager  Under  Receiver. 

The   Public  Service  Commission,  New  York,  February  15th,  1910. 

154  Nassau  Street,  New  York  City. 
Gentlemen : 

On  Monday,  February  14th  about  8:15  in  the  morning  I  took  car  No.  10  of  the  Westchester  Elec- 
tric Company  for  West  Farms,  177th  Street;  notwithstanding  the  cold  morning  the  car  was  not  heated, 
and  when  I  called  the  conductor's  attention  he  looked  at  me  in  amazement  but  did  not  reply. 

Will  you  kindly  issue  instructions  that  the  ladies  retiring  room  of  the  Union  Railway  Company  on 
White  Plains  Avenue  and  242nd  Street,  should  be  opened  all  the  time.  It  happens  very  often  that  said 
place  is  closed  and  it  is  necessary  to  chase  around  the  street  to  find  the  proper  party  having  the  key.  Fur- 
thermore strict  instructions  should  be  given  that  the  retiring  place  for  the  ladies  should  not  be  used  by  the 
employes    of    the    roads. 

I  would  strictly  recommend  that  when  conductors  or  motormen  are  in  the  waiting  room  that  they 
should  not  be  permitted  to  smoke,  as  they  do,  contrary  to  the  sign  posted  there.  This  smoking  annoyance 
applies  not  only  to  this  special  waiting  room  but  also  to  the  one  of  the  Union  Railway  Company  at  Bronx 
Park  and  200th   Street. 

I  have  seen  some  time  around  midnight  from  15  to  20  motormen  and  conductors  of  the  Union  Railway 
Company  at  the   last  named  place  each  smoking  a  pipe    which    makes    the    sitting    in    the    place    absolutely 

443 


unbearable  and  I  have  heard  from  time  to  time  ladies  speaking  about  that  matter  and  it  seems  to  me  that 
cashier  in  charge  of  that  place  should  see  the  sign  of  "No  smoking"  should  be  obeyed  to  the  letter. 

If  necessary  let  the  Railway  Company  have  a  special  room  reserved  for  their  employees  for  smoking 
and  talking. 

Yours    very    truly, 

(Sgd)    L.   LEBEL. 


Travis  H.  Whitney,  Esq.,  February  17th,  1910. 

Secretary,  Public  Service  Commission, 

Tribune  Building,  154  Nassau  Street, 

New  York  City. 
Dear  Sir: 

We  desire  to  acknowledge  receipt  of  your  favor  of  February  i6th,  enclosing  a  copy  of  a  com- 
plaint made  by  Mr.  L.  Lebel  of  No.  59  Pearl  Street,  in  which  he  states  "that  he  boarded  car  No.  10 
of  the  Westchester  Electric  Railroad  Company  on  Monday,  February  14th,  and  found  car  was  not 
heated  and  when  he  called  the  Conductor's  attention  he  looked  at  him  in  amazement,  but  did  not 
reply." 

As  to  this  part  of  his  complaint  we  desire  to  state  the  car  in  question  belongs  to  and  is  under 
the  control  and  management  of  the  Receiver  of  the  Westchester  Electric  Railroad  Company,  and 
we  are  not  responsible  for  its  condition  or  operation. 

With  respect  to  his  request  "that  the  Ladies'  Retiring  Room  of  the  Union  Railway  Company 
at  White  Plains  Avenue  and  242nd  Street  should  be  opened  at  all  times,  and  that  it  should  not 
be  used  by  the  employees  of  the  road,"  we  respectfully  submit  that  the  only  time  the  room  in 
question  is  closed  is  during  the  "rush  hours"  of  the  morning  and  evening,  when  the  duties  of  the 
Starters  in  charge  require  them  to  be  at  the  terminus  of  the  line — which  is  a  block  away. 

At  all  other  times  the  room  is  open,  and  our  Starters  most  strongly  deny  that  the  Ladies' 
Retiring  Room  is  ever  used  by  our  employees  or  other  men  patrons  of  our  road,  excepting  the 
Janitor  in  charge  of  Waiting  Rooms,  whose  duty  it  is  to  see  that  they  are  kept  in  a  sanitary  con- 
dition. 

At  the  Waiting  Room  in  question,  there  has  been  provided  an  apartment  in  the  basement  for 
our  employees,  which  is  provided  with  all  the  necessary  accommodations,  including  tables  and 
chairs,  and  is  always  kept  clean  and  comfortable.  The  only  time  the  Waiting  Room  is  used  by 
the  employees  is  when  they  are  waiting  for  their  cars — during  relief  hours. 

Smoking  signs  are  placed  prominently  in  this  Waiting  Room,  and  our  Starter  informs  us 
that  the  men  do  not  make  a  practice  of  smoking  during  the  short  time  they  occupy  it  daily. 

We  have  given  instructions  that  the  attention  of  our  employees  be  called  to  these  "Smoking 
signs,"  and  Starters  have  been  directed  to  see  to  it  that  the  employees  and  others  obey  them. 

With  respect  to  the  statement  that  "Mr.  Lebel  has  sometimes  seen  around  midnight  from 
fifteen  to  twenty  men — conductors  and  motormen  of  the  Union  Railway  Company,  in  the  Waiting 
Room  at  Bronx  Park  near  200th  Street,  each  on  3  of  them  smoking  a  pipe,"  etc.,  we  can  only  say 
that  this  Waiting  Room  is  also  used  as  a  Cash  Receiver's  office  of  the  Company,  where  the  men 
turn  in  their  receipts,  transfers  and  day  cards  after  their  work  is  over  each  day,  and  no  doubt 
around  the  hours  mentioned  the  men  congregate -in  a  considerable  number  in  the  Waiting  Room, 
awaiting  their  chance  to  make  their  daily  reports  and  returns  of  receipts,  etc. 

444 


The  employees  in  charge  of  our  office  at  this  point  have  been  in  our  employ  for  a  long  period, 
and  we  are  quite  sure  if  any  complaints  were  made  by  your  patrons  to  them,  that  they  would 
receive  immediate  attention. 

In  several  of  our  Waiting  Rooms  where  the  men  are  compelled  at  times  in  the  discharge  of 

their  duties  to  assemble,  ample  accommodations  have  been  provided  so  they  will  not  interfere  or 

mingle  with  those  occupying  the  Waiting  Room.     Not  because   we   feel  that  they   should  be 

treated  differently  from  any  other  individual  who  may  be  occupying  the  said  Waiting  Rooms,  but 

for  the  purpose  of  avoiding  unreasonable,  unnecessary,  and  at  times  unjust  complaints  against 

them. 

Yours  very  truly, 

EAM/MFT.  General  Manager  Under  Receiver. 


L.  Lebel,  Esq.,  February  17,  1910. 

No.  59  Pearl  Street, 

New  York  City. 
Sir: 

Enclosed  herewith  you  will  find  a  copy  of  a  letter  addressed  to  the   Secretary  of  the  Public 

Service  Commission,  in  response  to  your  complaint  filed  with  the  Commission. 

Yours  very  truly, 

(Signed)     EDWARD  A.  MAKER, 

General  Manager  Under  Receiver. 


New  York,  February  21st,  1910. 
The  Public  Service  Commission, 
154   Nassau    Street, 
New  York  City. 

Subject — Car- Ahead  Nuisance. 
Dear  Sirs: 

On  Friday,  February  i8th,  I  took  in  Tremont  Avenue  at  5  145  P.  M.,  Car  No.  691  of  the  Union  Railway 
Company,  having  a  sign  Mount  Vernon.  This  car  was  heated  and  lighted  and  had  about  28  passengers  on 
same. 

When  reaching  West  Farms  and  177th  Street  on  the  Southeast  corner,  Starter  No.  24  jumped  on  the 
car  shouting  the  order  "Car  ahead." 

Leaving  this  car  with  other  passengers  I  found  ahead  of  us  car  number  562,  a  so-called  pay-as-you- 
enter  car,  besieged  by  a  large  crowd  of  people.  The  crowd  that  was  compelled  to  take  this  car  was  so 
large,  that  quite  a  number  of  the  passengers  had  to  stay  on  the  rear  platform ;  outside  of  myself  I  counted 
eight  of  them  doing  the  same. 

The  passengers  who  were  waiting  at  177th  Street  could  have  easily  filled  car  No.  562  and  there  was 
absolutely  no  necessity  of  our  being  compelled  to  leave  car  No.  691. 

This  has  happened  to  us  quite  often  since  the  first  of  the  month.  The  probable  excuse  of  the  Railway 
Company  would  be  that  they  transfer  passengers  from  a  smaller  to  a  larger  car  to  accommodate  more 
passengers  in  running  a  special  car  from  West  Farms  for  that  purpose,  which  excuse  however  is  incorrect; 
as  they  could  fill  special  cars  on  that  corner  without  the  use  of  the  car  behind. 

Yours  very  truly, 

LL/McL.  (Sgd.)    L.  LEBEL. 

445 


Travis  H.  Whitney,  Esq.,  February,  24th,  1910. 

Secretary,  Public  Service  Commission, 
Tribune  Building,  154  Nassau  Street, 
New  York  City. 
Dear  Sir: 

We  desire  to  acknowledge  receipt  of  your  favor  of  February  23d  enclosing  a  copy  of  a  com- 
plaint made  by  Mr.  L.  Lebel,  with  respect  to  his  being  obliged  to  transfer  from  one  of  our  cars 
to  another  at  West  Farms  about  5  145  P.  M.,  on  the  i8th  instant. 

In  reply  we  wish  to  state  that  car  #691  was  a  tripper  placed  in  service  during  the  rush 
hours  upon  our  Williamsbridge  line.  It  made  one  trip  from  177th  Street  and  Third  Avenue  to 
Mount  Vernon,  and  it  was  found  that  the  motors  of  the  car  were  low  and  dragged  on  the  asphalt 
pavement  at  233d  Street  and  White  Plains  Avenue  and  at  242d  Street  and  the  same  Avenue, 
and  at  the  last  mentioned  point  it  was  necessary  to  wait  until  another  car  arrived  to  help  No.  691 
off  the  high  place  in  the  pavement — making  a  delay  of  about  six  minutes. 

The  car  made  its  return  trip  to  Third  and  Tremont  Avenue,  and  its  condition  was  reported 
by  the  Motorman  to  the  Starter,  who  immediately  telephoned  the  Car  House  asking  that  another 
car  be  sent  to  West  Farms  to  take  the  place  of  #691  when  it  reached  there.  , 

Passengers  boarded  car  4^691  at  Tremont  and  Third  Avenue  and  rode  to  West  Farms,  where 
they  were  asked  to  transfer  to  the  other  car  sent  to  take  the  place  of  the  crippled  one. 

Under  the  circumstances  there  was  nothing  else  for  us  to  do,  and  the  action  taken  by  pur 
Mortorman  and  Starter  was  in  accordance  with  our  rules  as  to  "disabled  cars." 

We  note  that  Mr.  Lebel  says  that  "the  probable  excuse  of  the  Railway  Company  would  be 
that  they  transfer  passengers  from  a  smaller  to  a  larger  car  to  accommodate  more  passengers  in 
running  a  special  car  from  West  Farms  for  that  purpose." 

We  desire  to  say  that  there  is  no  difference  in  the  size  pf  car  #562  and  :it69i  (they  being 
both  28'  body  cars),  with  the  exception  that  car  #562  has  been  recently  converted  into  a  Pay- 
as-you-enter  car,  and  the  only  difference  between  that  and  car  #691  is  that  the  platforms  have 
been  extended  two  feet  on  each  end. 

We  further  note  that  Mr.  Lebel  says  "he  has  had  to  change  cars  quite  often  since  the  first 
of  the  month,"  and  while  we  regret  the  inconvenience  he  or  any  other  passengers  have  been  put  to, 
we  are  quite  sure  it  was  due  to  a  cause  similar  to  that  above  related. 

A  copy  of  this  letter  has  been  forwarded  to  Mr.  Lebel  as  requested  by  you. 

Yours  very  truly, 

EAM/MFT.  General  Manager  Under  Receiver. 

Mr.  L.  Lebel,  February  24th,  1910. 

No.  59  Pearl  Street, 
New  York  City. 
Dear  Sir : 

Enclosed  herewith  please  find  copy  of  a  letter  addressed  to  the  Secretary  of  the  Public 
Service  Commission,  in  response  to  your  complant  filed  with  the  Commission. 

Yours  very  truly, 

EAM/MFT.  General  Manager  Under  Receiver. 

446 


Edward   A.    Maher,    Esq ,  New  York,  February  25th,  1910. 

Gen'l  Mgr.  Union  Ry.  Company, 
130th  Street  and  3rd  Ave., 
New  York  City,   N.   Y. 
Dear  Sir: 

I  am  in  receipt  of  your  letter  of  the  23rd  instant  in  reference  to  the  heating  of  cars,  and  note  that 
in  your  letter  to  the  insurance  people  and  their  reply  no  mention  is  made  of  the  proposition  of  heating 
the  cars  after  they  have  been  run  out  of  the  bams. 

The  statement  in  my  letter  of  February  nth  was  that  the  Metropolitan  Street  Railway  Company  find 
it  practicable  to  run  their  cars  out  of  the  bams  and  turn  on  the  heat  from  20  to  30  minutes  before  starting 
them  into  service.     Will  you  please  answer  as  to  whether  you  cannot  adopt  that  method? 

Very  truly  yours, 
GFD-P  TRAVIS    H.    WHITNEY, 

C-4355.  Secretary. 


Travis  H.  Whitney,  Esq.,  •    February  26th,  *io. 

Secretary,  Public  Service  Commission, 

Tribune  Building,  154  Nassau  Street, 

New  York  City. 
Dear  Sir: 

Replying  to  your  favor  of  February  25th,  asking  if  it  is  not  possible  for  us  to  adopt  the 
method  of  the  Metropolitan  Street  Railway  Company,  of  running  cars  out  of  the  barns  and  turn- 
ing on  the  heat  for  twenty  or  thirty  minutes  before  placing  them  in  service,  we  desire  to  re- 
spectfully submit  that  we  do  not  believe  it  possible  or  practical  to  do  so  and  for  the  following 
reasons : 

You  are  doubtless  aware  that  the  Metropolitan  Company  has  one  or  more  car  houses  upon 
each  of  its  important  lines,  and  cars  operated  from  them  are  limited  in  a  great  degree  as  to 
operation  upon  the  streets  or  avenues  upon  which  the  houses  are  located. 

With  us  we  have  but  three  operating  car  houses — one  at  West  Farms,  one  on  the  Bronx 
River  Road,  and  one  at  Port  Morris — and  from  these  car  houses  cars  are  placed  in  service  upon 
nineteen  different  lines  as  follows:  from  West  Farms  Car  House,  12;  from  Bronx  River,  5, 
and  from  Port  Morris,  2;  and  from  these  houses  there  is  distributed  100 — 57  and  18  cars  re- 
spectively— making  a  total  of  175  cars. 

Our  first  day  cars  leave  the  several  bams  at  4 :4c,  A.  M.  daily,  followed  up  at  brief  inter- 
vals until  all  of  the  175  are  placed  upoh  the  various  lines,  some  of  which  are  a  considerable  dis- 
tance from  the  car  houses,  and  at  6:20  A.  M.  the  entire  number  is  in  service.  Strict  orders  have 
been  posted  and  in  force  requiring  the  heat  to  be  turned  on  in  cold  weather  immediately  upon 
the  cars  leaving  the  barns. 

To  attempt  to  hold  any  number  of  these  175  cars  upon  the  streets  adjacent  to  car  houses, 
and  to  hold  them  for  any  length  of  time  before  placing  them  in  service  would  mean  congestion 
and  delays,  as  well  as  violating  the  City  ordinances  with  respect  to  the  blocking  of  the  streets. 

We  are  perfectly  willing  to  carry  out  your  suggestion  or  adopt  any  plan  that  will  accom- 
plish the  result  desired  by  the  Commission,  with  respect  to  the  heating  of  cars  before  starting 
them  into  service  during  the  early  morning  hours :  but  in  view  of  the  restrictions  placed  upon  us 

447 


by  the  insurance  authorities,  and  for  the  other  reasons  mentioned  herein,  we  are  not  aware  of 
any  method  that  will  practically  accomplish  the  result,  or  that  we  can  adopt,  better  than  the  one 
now  in  operation.  Yours  very  truly, 


EAM/MFT. 


General  Manager  Under  Receiver. 


Mr.  F.  W.  Whitridge,  Receiver,  New  York,  February  28th,  1910 

Union  Railway  Co., 
2396'  Third  Ave., 
N.  Y.  City. 
Dear  Sir: 

An  observation  was  made  with  respect  to  the  service  on  the  Williamsbridge  line  past  Bronx  Street 
and  Tremont  Avenue  on  February  i6th,   17th  and   i8th,   '10. 

Attached  hereto,  from  the  Department  of  Transportation,  are  three  blue  print  tabulations  covering  the 
results  of  the  observations. 

The  service  was  inadequate  westbound  from  6  to  8:30  A.  M.  and  eastbound  between  5:30  and  9:00 
P.  M.,  during  which  times  average  standing  loads  were  carried  during  every  half-hour  period. 

If  more  through  cars  cannot  be  operated  on  this  line,  it  would  seem  that  additional  accommodation 
should  be  furnished  by  inaugurating  a  short  line  service  from  Third  Avenue  to  Gun  Hill  Road  and  White 
Plains  Avenue  which  would  exchange  transfers  to  and  from  the  through  cars  at  the  latter  point. 

Will  you  please  make  such  changes  as  will  relieve  the  situation? 

Very  truly  yours, 
DLT/AJC  TRAVIS   H.   WHITNEY, 

Ends.  Secretary. 

Inv.   #1912, 


PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 
Bureau  of  Transit  Inspection. 

Line,   Union   Railway,   Williamsbridge   Line.  Date,  Feb.  16,  17,  18,  1910. 

Location  of  Observer,  Tremont  Ave.  and  Bronx  St. 

Bound,  West.  Computer,  Rosenthal. 

Checked   by   Steul.  Investigation    No.    1,912. 

Capaotty,  86. 


"S 

5  be 

U) 

g 

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0  55 

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1 

si 

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^ 

0 

H 

n 

i 

< 

zp- 

i:u 

A.  II. 

Feb.  18,   10. . 

6.15  to    6.30 

177th  St.  and  Srd  Ave. 

2 

72 

77 

88 

1 

5 

6.80   "    7.00 

"                  " 

6 

216 

261 

43 

8 

45 

7.00  "    7.30 

n                         u 

6 

216 

304 

51 

100 

7.80  "    8.00 

tt                     tl 

6 

216 

220 

86 

40 

8.00  "    8.80 

k(                       tl 

5 

180 

275 

65 

95 

8.30  "    9.00 

11                       It 

6 

216 

176 

29 

15 

9.00  "    9.80 

tt                     >t 

4 

144 

104 

26 

20 

9.30  "  10.00 

tt                        tt 

4 

144 

142 

87 

10 

Feb.  17,  '10. . 

10  00  "10.30 

tt                       tt 

8 

108 

123 

41 

15 

10.30  "  11.00 

It                     tt 

4 

144 

147 

87 

15 

11.00  "11.80 

.t                       It 

3 

108 

106 

85 

10 

11.30  "  12.00 

p.  M. 

11                        tt 

8 

108 

84 

28 

12.00  to  12.30 
12.80  '•    1.00 
1.00  "    1.80 
1.80  "    2.00 

tl                        tt 
tl                        tl 

4 
4 
8 
4 

144 
144 

108 
144 

120 
108 
84 
140 

80 
27 
28 
35 

'26' 

2.00   "   2.80 
2.30  "    3.00 
8.00  "   8.80 
3.30  •'    4.00 
4.00  "    4.30 

tt                       tt 
tt                       tt 

4 
8 
3 
4 
8 

144 

108 
108 
144 
108 

120 
108 

96 
144 

73 

80 
86 
32 
86 
24 

Feb.  18,  '10.. 

4.80  "    5.00 

It                        tt 

5 

180 

188 

38 

■'s' 

■26' 

5.00  "    5.80 

It                        It 

6 

216 

178 

29 

2 

10 

5.80  "    6.00 

tt                        It 

6 

216 

286 

47 

4 

70 

Sheet  No.   i. 


448 


PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

Bureau  of  Transit  Instcction. 

Line,    Union    Railway,    Williamsbridge   Line.  Date,  Feb.  i6,  17,  18,  1910. 

Location  of   Observer,  Tremont  Ave.  and  Bronx  St. 

Bound,   .  Computer,    Rosenthal. 

Checked   by   Steul.  Investigation    No.    1,912. 

Capacitt,  36. 


Sheet   No.   2. 


Time. 

Destination. 

E 

|i 

"So. 

2; 

0 

u 
« 

H 
1 

0 

EM* 

si, 

0 

II 

n 

0  to 

«.9 

< 

CD  -w 

a 
s  bo 

Feb.  18, '10... 

6.15  to  "6.80 

6.30  "    7.W 

7.00  "    7.30 

7.30  "    8.00 

8.00  "    8.80 

8.30  "    9.01) 

9.00  "    9.80 

9.30  "  10.00 

10.00  "  10.30 

10.80  "  11.00 

11.00  "  11.80 

11.80  "  12.00 

12.00  "  12.30 

12.80  "    1.00 

1.00  "    1.80 

1.80  "    2.00 

2.00  "    2..30 

2.30  "    8.00 

3.00  "    3.30 

3.30  "    4.00 

4.00  "    4.80 

4.80  "    6.06 

6.00  "    5.30 

5.80   "    6.00 

6.00   "    6.30 

6.80  "    7.00 

M  t .  Vernon 

8 
6 
6 
2 
6 
3 

8 
6 
6 
6 
6 
7 
6 
6 

108 
216 
216 
72 
216 
108 
144 
144 
108 
144 
108 
144 
108 
144 
108 
108 
144 
144 
106 
216 
216 
216 
216 
252 
216 
216 

48 

125 

174 

68 

147 

84 

88 

96 

96 

137 

96 

125 

60 

108 

96 

108 

120 

120 

146 

164 

178 

198 

346 

432 

396 

294 

16 
21 
29 
29 
24 
28 
22 
24 
82 
84 
32 
81 
20 
27 
82 
86 
30 
80 
49 
27 
29 
83 
58 
62 
66 
49 

30 

10 

16 

Feb.  17, '10... 

6 

5 

"    ;;   

4 

7 

6 

5 

60 

20 

Feb.  18  '10. 

10 

80 

130 

180 

180 

90 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

BtmEAU  OF  Transit  Inspection. 

Line,    Union    Railway,    Williamsbridge   Line. 

Date,  Feb.  16,  17,  18,  1910. 

Location  of  Observer,  Tremont  Ave.  and  Bronx  St. 

Bound,   .  Computer,    Rosenthal. 

Checked   by   Steul.  Investigation    No.    1,912. 

CAPAcmr,  86. 

Wkbt  Boond. 


^ 

0 

f?6i 

*i 

c 

£ 

0 

0 

r"  05 

t«fl 

%  M) 

Time. 

Destination. 

^■5 

5S 

11 
So 

■au 

,v  a 

2§ 

So 
z 

1 

12 

S  <D 

— 

•«j 

iSd, 

p.  M. 

Feb.  18 

6.00  to   6.30 

mthSt.andSrdAve. 

6 

216 

231 

.'W 

2 

1.5 

6.80   "    7.00 

"                  .1 

6 

216 

161 

ii7 

5 

7.00   "    7.30 

"                  »i 

4 

14  4 

113 

28 

5 

7.30   "    8.00 
8.00    "    8.30 
8.80    "    9.00 
9.00   "    9.30 
9.80    "  10.00 

>i                 «. 
i>                 It 

8 
6 
4 
4 
8 

288 
216 
144 
144 
108 

134 

85 
72 
82 
60 

17 
14 
18 
20 
20 

Feb.  18. 


East  BotJND. 


7.00  to  7.80 
7.80  "  8.40 
800  '»  8.30 
8.30  "  9.00 
9.00  "  9.30 
9.30    "  10.00 


Mt.  Vernon. 


5 

180 

266 

53 

4 

4 

144 

174 

43 

8 

8 

ItW 

143 

48 

8 

4 

144 

179 

45 

4 

3 

108 

101 

34 

1 

8 

108 

153 

51 

3 

110 
80 
86 
83 
5 
46 


Sheet  No.  3. 


449 


Travis  H.  Whitney,  Esq.,  March  3rd,  '10. 

Secretary,  PubHc  Service  Commission, 

Tribune  Building,  154  Nassau  Street, 

New  York  City.  ^  ' 

Dear  Sir: 

We  desire  to  acknowledge  receipt  of  your  favor  of  the  28th  ultimo,  regarding  an  inspec- 
tion made  of  the  service  upon  our  Williamsbridge  Line. 

We  note  that  the  tallies  were  taken  at  Bronx  Street  and  Tremont  Avenue — a  point  just 
within  one  block  of  the  Tremont  Avenue  Subway  Station,  and  where  the  greatest  number  of  our 
patrons  board  and  alight  from  the  cars  of  the  Williamsbridge  Line. 

Many  of  these  passengers  are  among  our  short  haul  riders  who  live  in  a  territory  about  five 
minutes'  ride  from  the  Subway  Station,  and  if  the  inspectors  would  station  themselves  just  north 
of  Morris  Park  Avenue  where  it  intersects  with  the  White  Plains  Road,  we  are  of  the  opinion 
that  they  would  find  that  many  of  the  passengers  alighting  from  and  boarding  cars  of  this  line 
are  those  living  in  the  territory  mentioned,  and  that  cars  before  and  after  reaching  this  point, 
in  either  direction,  are  not  overcrowded. 

We  would  respectfully  submit  that  a  short  line  service  from  Third  Avenue  to  Gun  Hill 
Road  and  White  Plains  Avenue  with  an  exchange  of  transfers  at  that  point,  would  prove  to  be 
unsatisfactory  to  our  patrons  and  would  only  increase  the  complaints  made  to  your  Commission. 

The  territory  between  Morris  Park  Avenue  and  Gun  Hill  Road  along  White  Plains  Road 
is  very  sparsely  settled ;  upon  one  side  is  Bronx  Park,  on  the  other  is  vacant  property  belonging 
to  the  Mace  Estate  and  others,  and  comparatively  all  of  our  passengers  who  remain  upon  cars 
after  leaving  Morris  Park  Avenue  live  in  the  territory  of  the  old  villages  of  Williamsbridge  and 
Wakefield,  and  to  operate  cars  to  the  Gun  Hill  Road  only  would  not  accommodate  these  people, 
and  in  our  judgment  would  not  improve  the  service. 

There  is  not  the  slightest  doubt  if  we  should  attempt  to  request  people  to  leave  our  cars  at 
the  Gun  Hill  Road  it  would  be  a  greater  source  of  annoyance  and  inconvenience  than  is  now 
caused  by  passengers  being  obliged  to  stand  for  the  short  distance  that  many  of  them  ride  on 
this  line. 

We  would  suggest  as  a  betterment  of  the  service  that  we  be  permitted  during  rush  hours 
to  change  the  schedule  on  the  line  in  question  by  lengthening  out  the  headway  from  Third 
Avenue  and  177th  Street  to  Mount  Vernon  to  eight  minutes,  and  to  operate  a  line  during  these 
hours  from  the  Tremont  Avenue  Subway  Station  to  the  City  Line  at  242nd  Street  on  the  same 
headway,  which  would  be  equal  to  a  four-minute  service  between  the  Subway  Station  and  the 
City  Line.  This  would  give  a  service  of  fifteen  cars  per  hour  between  these  points,  where  we 
now  operate  twelve,  and  we  think  would  eliminate  the  cause  of  complaint  made  by  your  inspectors. 

You  of  course  will  recall  our  statement  in  a  previous  communication,  regarding  the  difficul- 
ties we  have  to  contend  with  in  the  operation  of  cars  beyond  the  City  Line,  where  we  run  from 
a  double  to  a  single  track,  to  the  City  of  Mount  Vernon  for  a  distance  of  about  1,500  feet,  over 
which  several  of  the  lines  of  the  Union  Railway  and  the  Westchester  Electric  Railroad  Company 

are  jointly  operated. 

Yours  very  truly, 

EAM/MFT  General  Manager  Under  Receiver. 

450 


(Copy) 

BLOCK, 

Hats  and  Furs, 

1050  Third  Ave.,  cor  62d  Street. 

Public  Service  Commission,  New  York,  February  26th,  1910. 

Gentlemen : 

In  reply  to  your  communication  dated  Feb.  15th,  in  which  you  wish  me  to  inform  you  of  any  specific 
instance  where  the  passengers  are  told  to  take  the  "Car  ahead"  or  the  "Car  behind"  on  the  3rd  Ave.  R. 
R.,   will   say  to  you  "viz." 

This  morning  I  got  onto  uptown  car  No.  1005,  which  was  marked  to  162nd  St.  When  we  got  to 
the  depot  at  65th  at  exactly  5  minutes  after  nine  A.  M.,  the  motorman  called  out  "Car  ahead."  The  pas- 
sengers were  all  obliged  to  take  car  ahead,  which  car  was  No.  906,  and  the  Conductor's  No.  was  377.  I 
said  to  Conductor  No.  yjy  that  it  was  a  shame  to  oblige  passengers  to  get  from  one  car  to  another  under 
such    circumstances.      He    answered,    "Oh,    that's    all    right." 

Now,  gentlemen,  this  is  not  right.  If  it  happened  to  either  of  you  as  often  as  it  has  to  me  and 
others,   you   would   also  find   fault. 

Hoping  you  will  use  your  best  endeavor  to  break   up   this   inconvenience   to   the   public,    I   am 

Yours   respectfully, 

(Sgd)     MARCUS  BLOCK, 
1050  3rd  Ave. 

Travis  H.  Whitney,  Esq.,  New  York,  March  2nd,  1910. 

Secretary,  PubUc  Service  Commission, 

Tribune  Building,  154  Nassau  Street, 

New  York   City. 
Dear  Sir: 

Replying  to  your  favor  of  February  28th,  containing  a  copy  of  a  complaint  from  Mr.  Mar- 
cus Bloch,  of  1050  Third  Avenue,  who  was  obliged  to  take  the  car  ahead  at  our  Depot  at  65th 
Street,  we  desire  to  say  that  we  have  investigated  this  complaint  and  find  that  car  No.  1005  did 
carry  162nd  Street  signs;  but  was  sent  into  the  65th  Street  Car  Barn  on  account  of  defective 
brake  rods,  as  you  know  it  would  be  extremely  dangerous  to  endeavor  to  operate  a  car  with 
defective  brakes,  and  it  was  absolutely  necessary  for  this  car  to  be  taken  into  the  house  for 
repairs. 

We  regret  very  much  the  annoyance  Mr.  Bloch  was  caused  by  being  obliged  to  take  the 
car  ahead,  but  under  the  circumstances  there  was  nothing  else  for  us  to  do — having  in  mind  the 
safety  of  our  passengers. 

We  have  forwarded  a  copy  of  our  reply  to  Mr.  Bloch  as  requested  by  you. 

Yours  very  truly, 
EAM/MFT.  General  Manager  Under  Receiver. 

Marcus  Bloch,  Esq.,  New  York,  March  2nd,  1910. 

1050  Third  Avenue, 
New  York  City. 
Dear  Sir: 

Enclosed  herewith  please  find  a  copy  of  a  letter,  the  original  of  which  was  forwarded  to 
the  Public  Service  Commission  to-day  in  connection  with  your  complaint  of  February  26th. 

Yours  very  truly, 

EAM/MFT.  General  Manager  Under  Receiver. 

451 


New   York   City,   2/16/10. 

T,  Ki-     c      •       ^         •    .  755   E.    168   Street. 

r'UDlic   Service   Commission, 

154  Nassau  St.,  N.  Y.  C. 
Dear  Sirs: — 

This  afternoon  at  4:45  I  boarded  a  south-bound  Jerome  Ave.  trolley  car  at  the  Jerome  Park  Reser 
voir  just  south  of  Van  Cortlandt  Park.     Conductor  No.   606  of  the  Union   Railway   Co.   took  my  fare, 
asked  him  the  best  way  for  me  to  go  to  get  to  Boston  Road  and  i68th  St.    He  told  me  to  take  a  transfe 
and  get  on  a  i6ist  St.  east-bound  car  for  3rd  Ave. 

The  transfer  he  gave  me  read  "Jerome  Ave.  line  south-bound."  Now,  how  was  that  transfer  goo< 
to  take  me  on  a  north-bound  Boston  Road  Car?  And  he  must  have  certainly  known  that  transfer  wa 
no  good  on  a  north-bound  car. 

In  the  first  place,  when  I  asked  the  best  way  to  get  to  my  destination,  why  didn't  he  give  me  ; 
transfer  across  177th  St.  or  Tremont  Ave.  or  some  line   North  of   i6ist  St.? 

My  claim  is  this,  that  the  conductor  pretended  ignorance  in  giving  me  a  void  transfer  so  as  the  com 
pany  could  make  another  nickel  out  of  me  on  a  north-bound  car.  From  a  citizen's  standpoint  and  ti 
protect  others  from  this  kind  of  treatment,  I  wish  you  would  look  into  this  matter,  I  beg  to  remair 
dear  sirs, 

Respectfully, 

(Sgd.)    ROBT.  H.  P.  INGRAM. 

P.  S. — I  had  absolutely  no  words  or  argument  with  the  conductor,  and  I  can  see  no  reason  for  thi 
treatment. 

R.  H.  F.  I. 


Travis  H.  Whitney,  Esq.,  March  2nd,  '10. 

Secretary,   Public  Service  Commission,  i 

Tribune  Building,  154  Nassau  Street, 
'New  York  City. 
Dear  Sir: 

We  desire  to  acknowledge  receipt  of  your  favor  of  March  ist,  containing  a  copy  of  i 
complaint  made  by  Robert  H.  F.  Ingram  of  775  East  i68th  Street,  regarding  a  transfer  issuec 
to  him  by  Conductor  Badge  #606  of  the  Jerome  Avenue  Line. 

There  is  no  question  that  the  fault  is  entirely  with  the  Conductor  in  this  case,  who  shoulc 
have  issued  a  transfer  and  advised  Mr.  Ingram  that  the  proper  route  for  him  to  take  was  acrosi 
our  Burnside  and  177th  Street  Crosstown  Line. 

This  Conductor  was  suspended  and  reported  to  this  office  this  morning  and  we  had  an  inter 
view  with  him.  We  do  not  believe  it  was  with  any  intent  upon  his  part  to  have  the  passengei 
pay  a  second  fare ;  but  we  are  at  a  loss  to  know  just  why  he  gave  the  directions  that  he  did 
excepting  that  he  stated  that  he  thought  it  was  the  best  way  for  Mr.  Ingram  to  go  to  get  to  th( 
point  that  he  desired  to  reach. 

We  gave  this  man  a  good  lecture,  and  also  insisted  upon  him  calling  on  Mr.  Ingram 
returning  to  him  the  fare  that  he  was  compelled  to  pay  through  the  negligence  of  the  Con- 
ductor and  to  apologize  to  him  for  his  aforesaid  negligence,  and  bring  us  back  a  letter  fron 
Mr.  Ingram  accepting  his  apology.     In  the  meantime  he  remains  suspended. 

We  have  forwarded  to  Mr.  Ingram  a  copy  of  this  communication. 

Yours  very  truly, 

EAM/MFT.  General  Manager  Under  Receiver. 

45a 


Robert  H.  F.  Ingram,  Esq.,  March  2nd,  *io. 

755  East  i68th  Street, 
New  York  City. 
Dear  Sir: 

Enclosed  is  a  copy  of  a  letter  the  original  of  which  was  mailed  to-day  to  the  Public  Service 
Commission  regarding  your  complaint  of  February  i6th. 

Yours  very  truly, 

EAM/MFT.  General  Manager  Under  Receiver. 

Travis  H.  Whitney,  Esq.,  March  7th,  '10. 

Secretary,  Public  Service  Commission, 

Tribune  Building,  154  Nassau  Street, 

New  York  City. 
Dear  Sir: 

Further  replying  to  your  favor  of  March  1st,  regarding  the  complaint  made  by  Robert  H. 
F.  Ingram  of  775  East  i68th  Street,  relative  to  Conductor  Badge  #606,  we  enclose  herewith 
a  copy  of  a  letter  dated  March  3rd,  and  received  by  us  to-day  from  Mr.  Ingram  which  is  self- 
explanatory. 

Yours  very  truly, 

EAM/MFT.  General  Manager  Under  Receiver. 


New  York,  March  3rd,  1910. 
Edward  A.   Maher,   Esq.,  755  East  i68th  Street. 

General   Manager,   Union   Railway   Company, 
130th  Street  and  Third  Avenue, 
New  York  City. 
Dear   Sir: 

This  is  to  advise  you  that  Conductor  ft6o6,  Robert  Adams  of  the  Jerome  Avenue  Line,  has  apologized 
and  returned  his  good  will  that  it  was  just  a  mistake  of  his.  I  thoroughly  accept  his  apology  and  wish 
him   success. 

Thanking  you  for  the  attention  in  this  matter,  I  remain, 

Respectfully, 

(Signed)     ROBERT  H.  F.  INGRAM. 


Robert  H.  F.  Ingram,  Esq.,  March  7th,  '10. 

755  East  1 68th  Street, 
New  York  City. 
Dear  Sir: 

Acknowledging  your  favor  of  March  3rd,  we  note  that  you  say  Conductor  Badge  #606 
called  upon  you  and  apologized  for  his  mistake  and  that  you  have  accepted  the  same,  wishing 
him  every  success.    We  have  requested  our  Superintendent  to  reinstate  this  Conductor. 

Yours  very  truly, 

EAM/MFT.  General  Manager  Under  Receiver. 

453 


Frederick  W.   Whitridge,  Esq.,  March,  2,   1910. 

Receiver,    Third    Avenue    Railroad    Co., 

^        130th   Street  and  Third  Avenue, 
New    York    City. 
Dear  Sir : 

Please  reply  to  my  letter  of  January  26th  addressed  to  Mr.  J.  W.  Yenson,  Claim  Agent,  answer- 
ing the  question  on  the  report  "The  Action  Taken  to  Prevent  a  Repetition  of  a  Similar  Accident"  in 
each  case.  Yours  very  truly, 

TRAVIS  H.  WHITNEY, 

Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  March  7th,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  yours  of  the  2nd  instant  asking  me  to  reply  to  certain  questions  addressed  to  Mr. 
Yenson  on  January  26th. 

I  shall  be  happy  to  discuss  this  matter  with  anybody  representing  your  Commission  who 
wants  any  information,  but  I  have  no  answer  to  make  to  the  inquiries  addressed  to  Mr.  Yenson; 

Yours   truly, 

Receiver. 

Mr.  F.  W.  Whitridge,  New  York,  March  9th,  1910. 

Receiver,  Third  Avenue  R.   R.   Co., 
2396  Third  Avenue,  N.  Y.  City. 
Dear  Sir : 

Your  letter  of  March  7th  in  reference  to  letter  addressed    to    Mr.    Yenson,    received. 

The  form  of  accident  report  to  be  filed  by  the  different  companies,  under  Final  Order  of  the  Commission 
No.    1 142,  contains  the  question,  "The  Action  taken  to  prevent   a  Repetition  of  a   Similar   Accident." 

This  question  is  in  most  cases  answered  quite  indefinitely  by  your  Claim  Agent.  It  is  understood 
that  in  some  cases  the  Company  may  not  have  determined  upon  its  final  action  at  the  time  that  this  written 
report  is  due,  but  a  few  days  ago,  our  Transportation  Engineer,  Mr.  E.  G.  Connette,  at  a  conference  with 
Mr.  Quackenbush,  Attorney,  whom  I  believe  represents  your  Company  in  certain  cases,  agreed  that  when  the 
report  was  made,  if  the  Company  had  not  definitely  determined  upon  what  action  would  be  taken  to  prevent 
a    similar   occurrence,   that   a   supplementary   report   be   made  later,  covering  this  information. 

These  reports  are  not  accessible  to  ambulance  chasers,  and  I  trust  therefore  that  we  shall  have  your 
co-operation    in   making   our   records    complete,   as   required  by  Order  Si  142  of  the  Commission. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 

EGC/LEK  Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  March  nth,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  yours  of  the  9th  in  reference  to  action  under  Public  Service  Commission  Order 
#1142.  Before  finally  answering  this,  I  think  I  ought  to  see  Mr.  Quackenbush, — who  is  out 
of  town  at  the  moment, — in  view  of  the  conversations  between  him  and  Mr.  Connette.  As  soon 
as  I  have  seen  him  I  will  send  you  a  final  answer  to  your  letter. 

Yours  truly. 

Receiver. 

454 


]\Ir.  Travis  H.  Whitney,  New  York,  March  23,  1910. 

Secretary,  PubHc   Service  Commission, 

New  York  City.  *****'^^RNIte^1/^v-..  . 

Dear  Sir: 

Referring  to  your  letter  of  March  9th,  I  have  talked  with  Mr.  Quackenbiish,  and  wherever 
an  accident  is  caused  by  anything  which  is  remediable,  I  will  of  course  report  the  particular 
remedy  which  is  applied,  and  at  once.  Whenever  the  accident  is  caused  by  carelessness  or 
faults  of  employees,  it  should  appear  in  the  report  that  those  employees  are  punished  in  accord- 
ance with  the  judgment  of  the  Manager  of  the  Company,  and  whenever  the  Commission  desires 
to  know  how  that  judgment  is  exercised  in  any  particular  case,  I  will  endeavor  to  see  that  the 
information  is  furnished. 

In  the  particular  matter  to  which  you  refer,  for  instance,  of  the  three  accidents,  two  occur- 
ring on  January  20th  and  one  on  January  21st,  I  have  to  say  as  follows: 

January  20th  at  12  Noon:  First  Avenue  and  40th  Street,  Motorman  Jas.  McDonough, 
Badge  11 56,  suspended  ten  days 

January  20th  at  11  :30  P.  M. :  Third  Ave.  between  56th  and  57th  Streets.  Motorman  Rich- 
ard Holmes — Badge  814.  Kept  oflF  for  ten  days  pending  investigation  of  the  accident  and  then 
allowed  to  return  to  work. 

January  21st,  2:45  P-  ^^■-  Third  Ave.  and  77th  Street.  Motorman  John  Callahan,  Badge 
810.     Was  found  to  be  not  at  fault  and  was  returned  to  duty  forthwith. 

Yours  truly. 

Receiver. 


Frederick  W.   Whitridge,  Esq.,  Receiver,  New  York,  March  3,  1910. 

Third   Avenue   Railroad   Company, 
130th  Street  and  Third  Avenue, 
New   York,   N.   Y. 
Dear  Sir: — 

Transmitted  herewith,  and  hereby  served  upon  you  is  a  certified  copy  of  an  Order  in  Case  No.  1198, 
adopted  by  this  Commission  at  a  meeting  on  December  24,  1909,  requiring  the  filing  of  franchise  and  cor- 
porate documents. 

In  connection  with  your  acknowledgment  hereof,  I  beg  to  call  your  attention  to  the  provisions  of  Sec- 
tion 23  of  the  Public  Service  Commissions  Law. 

Very  truly  yours, 
JHG/WFR  TRAVIS  H.  WHITNEY, 

EncO  Secretary. 


Mr.  Travis  H.  Whitney,  New  York,  March  4,  1910. 

Secretary,   Public   Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  two  letters  from  you  of  the  3rd  transmitting  to  me  certified  copies  of  Order  1198. 
I  have  already  written  you  that  I  understand  that  all  of  this  information  has  been  furnished 
to  you  by  my  predecessors,  and  I  understand  from  Mr.  Robinson,  who  saw  you  about  the  mat- 

455 


ter,  that  you  do  not,  under  that  order,  expect  anything  from  me  in  addition  to  what  you  have 

already  got. 

I  shall  be  glad  if  you  will  confirm  this  understanding,  and,  if  there  is  anything  you  want  from 

me,  if  you  will  tell  me  what  it  is. 

Yours  truly. 

Receiver. 


New  York,  March  lO,  19  lo. 
Frederick  W.  Whitridge,  Esq., 

Receiver  of  The  Third  Avenue  Railroad  Co., 
130th  Street  &  Third  Avenue, 
New  York,  N.  Y. 
Dear  Sir: 

I  beg  to  acknowledge  receipt  of  your  letter  of  March  4th  with  reference  to  compliance  by  the  Third 
Avenue  Railroad  Company  with  Order  No.  1198.  I  would  call  your  attention  to  my  letter  of  February 
15th  in  which  I  transmitted  a  complete  list  of  documents  filed  by  the  Third  Avenue  Railroad  Company 
and  its  subsidiary  companies  with  this  Commission.  On  the  same  day  I  sent  a  duplicate  list  to  Mr.  H. 
A.  Robinson,  your  attorney.  A  representative  of  the  Bureau  of  Franchises  called  upon  Mr.  Robinson  with 
reference  to  the  matter  and  it  was  the  understanding  at  that  time  that  the  documents  in  the  office  of  the 
company  should  be  carefully  checked  up  with  list  so  furnished  and  that  omissions  should  be  supplied  so  far 
as  practicable.  It  is,  of  course,  impossible  for  us  to  tell  whether  the  documents  furnished  constuate  a 
full  compliance  with  the  r'equirements  of  order  No.  1198.  In  any  event  the  Commission  desires  a  definite 
official  statement  showing  in  detail  the  extent  to  which  it  is  possible  to  comply  with  the  terms  of  the  order 
from   documents   available   in   the   records   of  the   company. 

Yours  very  truly, 
RCH/KLC  TRAVIS  H.  WHITNEY, 

Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  March  nth,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

My  dear  Sir : 

I  have  yours  of  the  loth  in  respect  to  information  asked  for  under  Order  1198.  You  state 
what  has  occurred  correctly,  and  my  office  is  engaged  in  checking  up  the  list  which  you  have 
furnished,  with  the  requirements  of  the  order,  and  I  will,  as  soon  as  that  is  finished,  send  you  a 
definite,  official  statement,  showing  the  extent  to  which  the  order  has  already  been  complied  with. 

My  previous  letter  was  written  in  ignorance  of  the  facts,  which  you  now  state  in  your  letter 

of  the  loth,  and  which  I  find  to  be  accurate. 

Yours  truly, 

Receiver. 


Mr.   F.   W.   Whitridge,  New  York,  March  9th,  1910. 

Receiver,   Union   Railway  Co., 
130th  St.  &  Third  Avenue, 
New   York   City. 
Dear  Sir: 

On  March  4th,   1910,  an  observation  was  made  with    respect    to    the    service    on    the    Williamsbridge 
and    Tremont    Avenue    lines,    after    midnight,    at    Tremont    Avenue   and    Bronx   Street. 

456 


The  service  on  the  Williamsbridge  line  between   12  and   i    A.    M.   did   not   seem  to   be  adequate.     Two 
additional   cars  would  have   relieved  the  situation. 

Will  you  please  have  your  Transportation   Dept.  take  care  of  this   situation? 

Very  truly  yours, 
EGC/LEK  TRAVIS  H.  WHITNEY, 

Secretary. 


PUBLIC    SERVICE    COMMISSION     FOR     THE     FIRST     DISTRICT. 

Bureau  of  Transit  Inspection. 

Line,  Union  Ry.  Co.,  Williamsbridge  Line. 

Date,   March  4,   1910. 

Location   of  Observer,   Tremont   Ave.   and   Bronx  St. 

Bound  East.         Computer,  Rosenthal. 

Checked    by    Kinsley.  Investigation    No.    2,009. 

Capaoitt  of  Gab;  86. 


Sheet  No.  i. 


Time. 


A.  M. 

12.00  to  12.S0 
12.30  "    1.00 

1.00 

1.80 

2.00 

2.80 

8.00  "    3.80 

8.30  "    4.00 

4.00 

4.80 

6.00 

5.80 


1.80 
2.00 
2.30 
8.00 


4.30 
5.00 
6.80 
6.00 


D^ioatiOD. 


Mount  Vernon. 


ll 


72 
108 


86 
86 
0 


86 
216 
216 


82 
111 

24 

24 

24 

0 

24 

5 

6 

8 

18 

67 


50 


1^ 


41 
87 


E2 

fell 


PUBLIC    SERVICE   COMMISSION     FOR    THE     FIRST     DISTRICT. 


Bureau  of  Transit  Inspection. 

Line,  Union  Ry.  Co.,  Williamsbridge  Line. 

Date,   March  4,   1910. 

Location   of  Observer,  Tremont   Ave.   and   Bronx  St. 

Bound,  West.  Computer,  Rosenthal. 

Checked    by    Kinsley.  Investigation    No.    2,009. 

,  Capacitt  of  Car, 


Sheet  No.  2. 


Time. 


A. 

M. 

12.00  to  12.80 

12.80  ' 

'    1.00 

1.00  ' 

'    1.80 

1.80  ' 

•    2.00 

2.00  ' 

'    2.30 

2.80  ' 

'    8.00 

8.00  ' 

'    8.80 

8.80  ' 

'    4.00 

4.00  ' 

'    4.80 

4.80  ' 

'    5.00 

6.00  ' 

'    6.80 

6.80  ' 

'    6.00 

Destination. 


177th  St.  and  8<i  Ave. 


ce 

Is. 

So 
I 


108 
72 
72 

108 
86 
86 
0 
86 
86 
86 
36 

106 


1^ 


60 

24 
9 

86 
1 

12 
0 
6 
1 

24 
0 


OS  « 
»<  o 


a  p 

35 

OOQ 


457 


PUBLIC    SERVICE   COMMISSION     FOR    THE     FIRST     DISTRICT. 

Bureau  of  Transit  Inspection. 

Line,  Union  Ry.  Co.,  Tremont  Ave.  Line. 

Date,   March  4,    1910. 

Location   of   Observer,   Tremont   Ave.  and   Bronx  St. 

Bound,  East.  Computer,  Rosenthal. 

Checked    by    Kinsley.  Investigation    No.    2,009. 

Capacity  op  Car,  27. 


Sheet  No.  3. 


•s 

5  si 

S2 

li 

a 
^9 

Time. 

Destination. 

So 

S  d 

3  0 
J5f 

OM 

OS*, 

^5 

5 

IS 

srs 

S  0 

Q    « 

25 

^ 

^ 

< 

!z;Ph 

A.  u. 

12.00  to  13.30 

Westchester..,., 
It 

3 
8 
8 
2 
1 
0 
1 
1 
1 
0 
5 
6 

81 

81 

81 

54 

27 

0 

27 

27 

87 

0 

185 

162 

86 

81 

16 

4 

27 

1 

1 
2 
0 
10 
8 

12 
10 
5 

2 

12.30  "    1.00 



1.00  "    1.80 

1.80  "    2.00 

2.00  "    2.80 

2.80  "    8.00 

3.00  "    3.80 

8.80  "    4.00 

4.00  "    4.30 

4.80  "    5.00 

5.00  "    5.80 

6.80  "    6.00 

PUBLIC    SERVICE    COMMISSION     FOR    THE     FIRST     DISTRICT. 

Bureau  of  Transit  Inspection. 

Line,  Union  Ry.  Co.,  Tremont  Ave.  Line. 

Date,   March   4,   igio. 

Location   of   Observer,   Tremont   Ave.   and   Bronx  St. 

Bound,  West.  Computer,  Rosenthal. 

Checked    by    Kinsley.  Investigation    No.    2,009. 


Sheet  No.  4. 


CAPAcnr  OP  Cab,  27. 

Time. 

Destination. 

■si 

ll 

BO 

9 

k 

0 

IS 

II 

r 

5m 
il 

003 

sou 

a 
0  3 

A.  M. 

12.00  to  12.80 
12  30  "    1.00 

Tremont  Ave 

it       ll 

•  I                   u 

4 

8 
2 
8 

1 
1 
0 
1 
1 
1 
0 
6 

108 
81 
64 
81 
27 
27 
0 
27 
27 
27 
0 

186 

60 
7 
6 
9 
5 
2 
0 
1 
4 

18 
0 

45 

12 
2 
2 
8 

1 

10 

1  00  "    1  80 

1  80  "    2  00 

2  00  "    2.80 

2  80  "    8  00 

8  00  "    8,80 

8  80  ^'    4.00 

4  00  "    4  80 

4  80  "    6  00 

6  00  "    6  80 

6  80  "    6.00 

9 

Travis  H.  Whitney,  Esq.,  New  York,  March  i6th,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

Referring  to  your  letter  of  the  9th  instant,  I  beg  to  say  that  two  additional  cars  between  12 
and  I  A.  M.  have  been  ordered  to  be  put  on  the  Williamsbridge  and  Tremont  Avenue  lines,  in  ac- 
cordance with  your  suggestion.  Yours  truly. 

Receiver. 


New  York,  March  9th,  1910. 
Mr.  F.  W.  Whitridge, 

Receiver,   Union   Railway  Co., 
2396    Third    Avenue, 
New  York  City. 
Dear  Sir : 

I  enclose  you  herewith  from  the  Department  of  Transportation  blue  print  tabulations  covering  the  re- 
sults of  observation  of  the  service  on  the  Jerome  Avenue  line  on  February  21st,  23rd  and  28th  at  161  st  St. 
and  Jerome  Ave. 

You  will  note  that  the  service  was  principally  inadequate  during  the  rush  hours  of  the  morning,  and 
was  not  sufficient  during  the  evening  rush  hours. 

Will   you   please  take   such   steps   as   will    remedy  the   overloaded   condition? 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
EGC/LEK  Secretary. 

Enc. 


PUBLIC    SERVICE    COMMISSION     FOR    THE     FIRST     DISTRICT. 

Bureau  of  Transit  Inspection. 

Line,   Union    Railway,   Jerome    Ave. 

Date,  Feb.  21,  23  and  28,  1910. 

Location  of  Observer,    161  st   St.   and  Jerome  Ave. 

Bound,   South.  Computer,   Rosenthal. 

Checked  by  Standfast.  Investigation  No.   1,948. 


Sheet   No.    i. 


Seating  Capacttt,  86. 


Time. 

Destination. 

ol 

go 

Z 

I 

0 

0   . 
§0. 

II 

M 
is 

a 

P 

25  a 

Feb.  28. '10... 
(Rain) 

A.  M. 

6.00  to   6.30 

6.80  "    7.00 

7.00  "    7.30 

7.30  "    8.00 

8.00  "    8.80 

8.30   "    9.00 

9.00   "    9.30 

9.30   "10.00 

10.00  "10.30 

10.30   "  11.00 

11.00  "11.30 

11.30  "12.00 

12.00  to  12.30 
12.30  "    1.00 
1.00  "    1.30 
1.30   "    2.00 
2.00  "    2.30 
2.30  "    3.00 
8.00  "    3.80 
8.30  "    4.00 
4.00  "    4.30 
4.30  "    5.00 
5.00  "    5.30 
5.80  "    6.00 
6.00  "    6.80 
6.80  "    7.00 

155th  St.  and  8th  Ave. 

u                               >> 

t<                       tl 
li                       It 
<•                       >l 

t«                                        t4 
it                                        tl 

8 
4 
6 
6 
7 
6 
4 
5 
4 
4 
4 
4 

4 
8 
4 
4 
4 
4 
3 
4 
6 
8 
6 
6 
7 
6 

108 
144 
216 
216 
252 
216 
144 
180 
144 
144 
144 
144 

144 
108 
144 
144 
144 
144 
108 
144 
180 
288 
216 
180 
252 
216 

48 

84 

202 

281 

410 

166 

53 

54 

53 

41 

48 

52 

27 
24 
64 
55 
43 
19 
16 
55 
44 
51 
64 
36 
101 
27 

16 
21 
35 
47 
59 
28 
13 
11 
18 
10 
12 
13 

7 

8 

16 

14 

11 

5 

5 

14 

9 

6 

11 

7 

14 

99 

"2 
3 
5 

1 

'io' 

65 
170 
10 

Feb.  21, '10.. 
(Fair) 

Feb.  28, '10.. 
(Fair) 

t 

459 


PUBLIC    SERVICE   COMMISSION     FOR    THE     FIRST     DISTRICT. 

Bureau  op  Transit  Inspection. 

Line,   Union   Railway,   Jerome   Ave. 

Date,  Feb.  21,  23,  28,   1910. 

Location   of  Observer,    i6ist   St.   and  Jerome  Ave. 

Bound,  North.     Computer,  Rosenthal. 

Checked  by  Standfast.  Investigation  No.  1,948. 

Seatino  Capacity,  86. 


Sheet  No.  2. 


Time. 

Destination. 

CD 

OS 

|| 
ao 

2 

1" 

•3 
1 

gbc 

3  ° 

si 

0  . 

§^ 

Obf 

< 

il 

do8 
S5fc 

<M  a 
Jo  a 

a« 

a  M 

Feb.  28,  '10.. 

6.00  to   6.80 

6.80  ".   7.00 

7.00  "    7.80 

7.80  '♦    8.00 

8.00  "    8.80 

8.80  "    9.00 

9.00  "    9.30 

9.80  "  10.00 

10.00  "  10.80 

10  80  "  11.00 

11.00  "  11.80 

11.80  "  12.00 

12.00  "  12.80 

12.80  "    1.00 

1.00  "    1.30 

1.80  "    2.00 

2.00  "    2.80 

2.:i0  "    8.00 

8.00  "    8.80 

8.80  "    4.00 

4.00  "    4.80 

4.30  "    6.00 

6.00  "    5.80 

5.80  *'    6.00 

6.00  "    6.80 

«.80  "    7.00 

Cit 

t» 

It 

n 

t( 
t( 
it 
it 
it 
tt 
It 
tl 

tt 

tt 
tt 

y  Line 

8 
4 
6 
7 
5 
7 
4 
6 
3 
4 
4 
4 
4 
8 
4 
4 
8 
4 
4 
4 
5 
6 
5 
7 
6 
6 

108 

144 

216 

252 

180^ 

262 

144 

216 

108 

144 

144 

144 

144 

108 

144 

144 

108 

144 

144 

144 

180 

216 

180 

262 

180 

216 

6 
19 
88 
27 
30 
24« 
22 
20 
13 
■42 
88 
20 
83 
26 
81 
41 
26 
46 
77 
49 
84 
89 
110 
253 
210 
236 

2 

6 

6 

4 

6 

8 

6 

8 

4 

10 

9 

5 

8 

8 

8 

10 

8 

11 

19 

12 

17 

15 

22 

86 

42 

89 

(Bain) 

Feb.  21, '10.. 

(Fair) 

"i 

- 

"f 

Feb.  28,  '10.. 

(Fair) 

2 
8 
2 

26 

40 

20 

PUBLIC    SERVICE   COMMISSION    FOR    THE     FIRST     DISTRICT. 

Bureau  of  Transit  Inspection. 

Line,  Union   Railway,  Jerome   Ave. 

Date,  Feb.  21,  23  and  28,  1910. 

Location  of  Observer,    i6ist   St.   and   Jerome   Ave. 

Bound,  .  Computer,   Rosenthal. 

Checked  by  Standfast.  Investigation  No.  1,948. 

Bbatimo  Capacitt,  80. 
South  Boumd. 


Sheet  No.  3. 


•8 

f5ti 

to 

C 

^ 

^ 

0  * 

•5^ 

_c 

?i 

1. 

1^ 

^0 
•3  fe 

il 

».§ 

'ni 

as 

S  ^ 

c;(n 

li 

z  9 

Time. 

Destination. 

II 

5 

5(2 

0  ^ 

11 

•M    CO 

S5 

^ 

^ 

1^ 

1 

P.M. 

Feb.  28, '10... 

7.00  to   7.80 

155th  St.  and  8th  Ave. 

5 

180 

55 

11 

fl  •••- 

^  (Fair) 

7.80  "    8.00 
8.00  "    8.80 
8.30  "    9.00 
9.00  "    9.80 
9.80  "  10.00 

8 
4 
2 
8 
8 

108 
144 
72 
108 
108 

52 
82 
16 
86 
16 

17 
8 
8 

12 
6 

Feb.  23,  '10.. 

P.H. 

7.00  to   7.80 
7.30  "    8.00 
8.00  '•    8.30 
8.80  "    9.00 
9.00  "    9.80 
9.80  ••  10.00 

City  Linb  

7 
2 
8 
8 
8 
8 

252 
72 
108 
108 
108 
108 

174 
66 
48 
60 
60 
82 

25 
82 
16 
20 
20 
27 

(Fair) 

tt       tt    '••••••••••• 

tt       <t     *         *** 

tt       tt 

460 


New  York,  March  lo,  1910, 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  acknowledge  the  receipt  from  you  of  two  letters  and  (7)  blue  prints  giving  the  results  of 
your  espionage  of  matters  therein  referred  to.  I  have  repeatedly  expressed  to  you  my  regret  at 
your  persistent  unwillingness  to  co-operate  with  me  in  ascertaining  the  facts  about  the  service  of 
which  you  apparently  complain. 

In  reply  to  my  last  communication,  I  understood  from  your  Transportation  Engineer  on 
January  28th,  that  he  was  to  see  me  in  respect  thereto.     He  has  not  yet  done  so. 

In  the  meantime  I  deal  with  these  things  as  I  have  hitherto  dealt  with  them,  that  is — refer 
them  to  my  Superintendent  with  instructions  to  consult  with  your  Engineer  and  co-operate  with 
him,  if  it  is  possible. 

Yours  truly, 

Receiver. 


New  York,  March  14,  19 10. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

Referring  further  to  your  last  batch  of  blue  prints  giving  the  results  of  your  alleged 
inspection  of  the  Jerome  Avenue  Line,  I  beg  to  call  your  attention  to  the  item  on  February  28th 
which  shows  a  large  number  of  standing  passengers  between  the  hours  of  7  and  9  in  the  morning. 

Had  this  inspection  been  such  a  joint  inspection  as  I  have  so  repeatedly  urged  upon  you,  my 
inspectors  would  doubtless  have  been  able  to  demonstrate  to  your  inspectors  that  there  was  dur- 
ing these  hours  on  that  day  a  dense  fog  over  the  territory  in  which  the  cars  were  operating,  and 
they  would  doubtless  have  informed  your  inspectors  that  special  instructions  were  given  to  the 
motormen  to  exercise  the  greatest  care  and  watchfulness  and  to  run  their  cars  slowly  during  the 
continuance  of  the  fog,  with  the  result  that  the  headway  would  be  lengthened  over  the  ordinary 
headway,  and  that  some  of  the  cars  would  necessarily  be  overcrowded,  or  possibly  your  inspec- 
tors would  have  been  able  to  demonstrate  to  my  inspectors  that  there  was  no  fog  and  that  no  such 
instructions  ought  to  be  given. 

Our  judgment  is,  that  in  the  case  of  such  a  dense  fog  as  prevailed  on  that  morning,  it  is  better 
to  operate  without  regard  to  schedule,  so  as  to  secure  perfect  safety,  rather  than  take  the  risk  of 
serious  accidents  which  might   result   from   following  the  regular  schedule. 

Yours  truly, 

Receiver. 
461 


Mr.   F.   W.   Whitridge,  New  York,  March  9th,  1910. 

Receiver,  Union  Railway  Company, 
130th  St.  &  3rd  Avenue, 
N.    Y.    City,    N.    Y. 
Dear  Sir: 

Complaint  was  made  a  few  days  ago  in  regard  to  the  heating  of  car  No.  834  of  the  Union  Railway. 
This  car  has  been  inspected,  and   No.   i   heater  circuit  was  found  to  be  open,  which  I  assume  accounts 
for   the   complaint. 

Will  you  please  have  the  heater  put  in  condition? 

Very  truly  yours, 
EGC/LEK  TRAVIS  H.  WHITNEY, 

Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  March  14th,  1910. 

Secretary,  PubHc  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

Referring  to  yours  of  the  9th  in  respect  to  car  No.  834,  one  of  the  wires  of  the  heating  circuit 

was  found  broken  inside  of  the  heater.     It  has  been  repaired  and  the  car  is  now  in  good  working 

order. 

Yours  truly, 

Receiver. 


The    Public    Service   Commission.  March,  g,  1910. 

Dear    Sirs : — 

On  Monday,  March  7th,  the  Union  Railway  Company  erected  a  large  iron  post  in  front  of  my  prop- 
erty, 247  West  135th  Street  on  the  sidewalk,  to  string  overhead  wires  without  my  consent,  which  I  be- 
lieve is  a  violation  on  Manhattan  Island.  Now  I  appeal  to  you,  being  the  proper  authority  to  take  action, 
in  this  matter,  or  advise  me  what  to  do,  and 

Oblige, 

(Signed)    JOSEPH  SCHNEPS, 
2529  8th  Ave., 
City. 


Travis  H.  Whitney,  Esq.,  New  York,  March  14th,  1910. 

Secretary,  PubHc  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  yours  of  the  loth  enclosing  complaint  of  Joseph  Schneps,  2529  Eighth  Avenue.     In 

reply  thereto,  I  beg  to  send  you  a  report  of  my  electrical  engineer  in  charge  of  this  portion  of  the 

Road,  together  with  copy  of  the  permit  therein  referred  to,  which  I  think  sufficiently  answers  Mr. 

Schneps'  complaint. 

Yours  truly, 

Enclosures:  ,  Receiver. 

462 


New  York,  March  14th,  19 10. 
Mr.  Joseph  Schneps, 

2529  Eighth  Avenue, 

New  York  City. 

Dear  Sir; 

I  send  you  herewith  a  copy  of  my  letter  to  the  Public  Service  Commission  in  respect  to  your 

complaint  of  the  9th  instant,  which  I  hope  will  be  satisfactory  to  you. 

Yours  truly. 

Enclosures :  Receiver. 

MEMORANDUM. 

In  connection  with  the  complaint  made  by  Joseph  Schneps  to  the  Public  Service  Commission  regard- 
ing the  installation  of  poles  on  135th  Street  near  8th  Avenue,  we  submit  herewith  a  copy  of  the  report 
of  our  Electrical  Engineer,  Mr.  Kent,  showing  the  necessity  for  the  additional  poles,  and  also  a  copy  of  the 
permit  granted  by  the   Department   of   Water   Supply,  Gas  and  Electricity,  authorizing  their  installation. 

E.  A.  M. 
Dated,    March    nth,    1910. 


Permit  No.  870. 

The  City  of  New  York  Company  No. 
Department  of  Water   Supply,   Gas  and   Electricity, 
Bureau  of  Electrical  Inspection, 
13  to  21   Park  Row. 

Permit  for  Overhead  Wires   for   Signaling  or  Electric  Light  and  Power. 

February   28,    1910. 
Permission    is    hereby    granted   to   the   Union    Railway  Company 

To  replace  poles  on  135th  Street  which  are  in  bad  condition  with  new  poles,  and  with  additional 
poles  necessary  to  bring  distances  between  poles  not  over  gc/.  Also  four  side  poles  near  8th  Ave.,  to  support 
switches  and  crossover,  which  cannot  be  done  with  the  center  poles. 

Provided,  that  all  the  rules  and  regulations  of  this  department  shall  be  complied  with,  this  permit 
being  isued  subject  to  such  rules  and  regulations,  and  Provided  further,  that  this  permit  shall  be  void  un- 
less construction  authorized  herein  is  completed  within  six  months  from  date. 

HARRY  S.  THOMPSON, 
Commissioner. 
(Signed)    J.  F.  SKERRETT, 
Chief   Inspector. 

ENGINEER'S  REPORT. 

On  February  15th  we  began  running  P-A-Y-E  cars  on  135th  Street  line,  and  as  we  had  no  over- 
head crossover  wires  at  Eighth  Avenue,  it  was  necessary  to  jump  switches  in  order  to  get  the  cars  from 
one   track  to  the   other. 

On  the  i6th  we  received  orders  to  put  up  cross  wires  on  double  crossover  at  135th  Street  near  Eighth 
Avenue.  Owing  to  the  fact  we  did  not  wish  to  delay  cars  we  began  this  work  in  the  evening  after  the 
rush  hours,  and  finished  early  in  the  morning  of  the  17th. 

The  wagons  had  been  at  the  stable  only  a  short  time  when  we  received  word  that  the  wire  was  down 
at  this  point.  Wagons  went  over  there  and  repaired  the  break,  and  returned  to  the  stable.  At  11  A.  M. 
we  again  received  word  that  the  wire  was  down.  This  time  all  the  switches  and  the  arms  on  three  poles 
were  pulled  out  and  down,  necessitating  the  replacement  of  1200  feet  of  wire  and  switches.  This  makes 
the  fourth  serious  attempt  we  have  made  to  keep  these  cross  wires  in  the  air,  but  it  is  impossible  to  do  so 
without   side  poles  to  take  up  the  strain  of  the  crossover  wires. 

After  our  last  attempt  we  called  up  the  Chief  Inspector  of  the  Department  of  Water  Supply,  Gas 
and   Electricity,    and   notified   him   of   our  predicament  at  that  point,  as  we  had  already  taken  up  that  ques- 

463 


tion  with  Mr.  Wynkoop,  the  Electrical  Engineer  of  the  Department,  who  informed  us  that  if  we  made 
another  serious  attempt  and  found  that  we  could  not  succeed  with  the  present  construction,  that  he  would 
have  it  inspected,  and  if  it  bore  out  our  contention  in  the  matter,  would  recommend  that  a  permit  be 
granted,  owing  to  the  fact  that  operating  cars  without  a  cross  wire  was  dangerous  to  the  safety  of  the 
public.     This  was  done  and  we  enclose  herewith  copy  of  the  permit  granted  us. 

The  fact  is  that  the  large  P-A-Y-E  cars  cannot  be  operated  successfully  and  without  danger,  if  we 
should  attempt  to  jump  from  one  track  to  the  other — hence  the  necessity  of  providing  the  necessary  over- 
head equipment  to   properly  operate  them. 

Dated,  March  loth,  1910. 


1801    McGraw   Ave., 
Westchester,   N.  Y.,   March   12,   1910. 
Chairman  William  R.  Willcox, 
Public  Service   Commission, 
154  Nassau  St.,  N.  Y.  City. 

Dear  Sir: — 

At  the  last  meeting  of  the  above  Ass'n,  I  was  requested  to  write  and  call  your  attention  of  the  way 
the  Union  Railway  Co.  runs  its  cars  on  the  Westchester  Avenue  Line,  from  1:20  to  5 130  A.  M.,  there 
being  an  interval  of  40  minutes,  and  a  great  many  men  living  in  this  section,  that  go  to  work  between 
these  hourc  •and  are  greatly  inconvenienced  by  the  long  wait. 

Hoping  that  you  will  give  this  matter  your  due  consideration, 

Respectfully  yours, 

J.   H.   FRIEDRICHSEN, 
Secretary,  East  Bronx  Property  Owners'  Ass'n. 


New  York,  March  24th,  1910, 
I'ravis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

Referring  to  yours  of  the  15th  enclosing  the  complaint  of  J.  H.  Friedrichsen,  Secretary  of 
the  East  Bronx  Property  Owner's  Association,  I  beg  to  say  in  reply  thereto  that  I  do  not  think 
anybody  is  inconvenienced  as  Mr.  Friedrichsen  seems  to  think.  The  facts  of  the  service  on  the 
Westchester  Avenue  Line  are  as  follows: 

The  service  between  midnight  and  1 140  A.  M.  is  on  a  seven  minutes  headway.  Between 
1 :20  and  5  :30  A.  M.  two  cars  are  operated  on  a  forty  minutes  headway.  A  tally  taken  on  the  17th 
shows  that  the  cars  operated  between  1 140  and  5 :25  made  seven  full  trips  covering  95  miles  and 
carried  during  those  hours  one  hundred  and  seventy  cash  and  transfer  passengers.  The  cost 
of  operation  was  $13.84  and  the  amount  of  fares  received  $7.55,  making  a  total  loss  of  $6.29. 
During  the  Spring  and  Summer  the  night  service  on  this  line  is  increased. 

On  April  ist  I  have  ordered  an  extra  car  to  be  added  which  will  increase  the  headway,  and 
still  later  a  second  additional  car  will  be  placed  on  the  line.  I  hope  this  will  be  satisfactory  to  Mr. 
Friedrichsen. 

Yours  truly, 


Copy  to  Mr.  Friedrichsen. 


Receiver. 


464 


Mr.  J.  H.  Friedrichsen,  New  York,  March  24th,  1910. 

1 80 1  McGraw  Avenue, 

Westchester,  New  York. 
Dear  Sir: 

Enclosed  please  find  copy  of  my  reply  to  the  Public  Service  Commission  in  answer  to  your 

complaint  to  them  of  March  12th. 

Yours  truly, 

Enclosure :  Receiver. 


Frederick   W.   Whitridge,    Esq.,  New   York,    March    15,    1910. 

Receiver,   Union   Railway   Company, 
130th   Street  and   Third  Ave., 
New  York  City. 
Dear  Sir: 

This  Commission  is  in  receipt  of  a  complaint  of  Mr.  Charles  LeRoy  Mosher  of  611  West  i52d  Street, 
New  York  City,  in  which  he  states  it  to  be  his  frequent  experience  that  cars  of  the  138th  Street  Cross- 
town  line  do  not  go  to  the  terminus  at  Locust  Avenue  and  134th  Street,  but  stop  and  return  on  the  west- 
bound trip  at  a  point  some  distance  north  of  134th  Street,  and  that  this  constitutes  a  hardship  for  a  number 
of  persons,  particularly  doctors  and  attendants  at  North  Brothers  Island.  Our  Inspector  on  March  14, 
1910,  observed  that  the  allegation  with  regard  to  turning  back  cars  before  reaching  destination  is  correct, 
and  I   give  below  four  successive  instances  on  the  same  date: 

Car  No.  Time  Car  Stopped  at  Time  Car  Returned 

136th   St.   Eastbound.  Thence  Westward. 

850  11:24:30  A.  M.  11:25:30  A.  M. 

666  11:35:30  A.  M.  11:36:40  A.  M. 

808  11:38:40  A.  M.  11:39:50  A.  M. 

664  11:41:40  A.  M.  11:42:40  A.  M. 

There  was  a  team  backed  up  on  the  east  side  of  Locust  Avenue  just  south  of  136th  Street,  with  the 
horses  turned,  however,  in  such  a  position  that  a  car  could  easily  pass  by. 

It  seems  that  the  time  spent  by  these  cars  at  136th  Street  might  be  used  in  continuing  the  two  blocks 
to  the  terminal,  thus  saving  those  passengers  who  are  bound  for  the  terminal  the  walk  of  these  two  blocks. 
Of  course,  passengers  who  have  paid  their  fares  are  entitled  to  a  ride  to  the  end  of  this  line. 

Will  you  please  inform  this  Commission  by  March  22,  1910,  whether  crews  are  permitted,  under  the 
rules  of  your  company,  to  shorten  their  trips,  on  their  own  responsibility,  in  the  above  manner,  and  inform 
us  as  to  what  measures  you  will  take  to  prevent  the  recurrence  of  such  instances? 

Very  truly  yours, 
AMS/TM  TRAVIS  H.  WHITNEY, 

Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  March  17th,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

Referring  to  your  letter  of  the  15th  in  respect  to  the  claim  of  Mr.  Charles  LeRoy  Mosher, 
I  hand  you  herewith  a  copy  of  a  memorandum  of  my  General  Manager  in  respect  to  this  matter. 
I  think  you  will  agree  that  there  is  not  much  sense  in  running  to  a  ferry  unless  the  ferry  boat 
nins.  If  anybody  wants  to  go  to  the  ferry  landing  for  the  purpose  of  taking  any  other  boat,  the 
instructions  to  our  employees  are  explicit ;  namely — to  run  the  car  upon  which  any  such  person  is 
a  passenger  to  the  ferry  landing.  Yours  truly. 

Enclosure :  Receiver. 

46s 


MEMORANDUM. 

The  regular  easterly  terminal  of  the  138th  Street  Crosstown  Line  is  at  the  foot  of  East  138th  Street. 
A  few  years  ago  a  ferry  was  established  to  be  operated  between  134th  Street  and  College  Point,  which 
service  continues  during  the  season  beginning  about  Decoration  Day  and  concluding  shortly  after  Labor 
Day.  The  balance  of  the  year  a  Naphtha  Launch  suffices  to  carry  the  few  people  daily  who  may  have 
business  at  the  hospital  on  North  Brothers'  Island. 

At  the  time  the  ferry  route  was  established  we  bailt  a  single  track  spur  along  Locust  Avenue  from 
138th  to  134th  Street  for  the  accommodation  of  the  public  using  said  ferry,  and  it  is  our  practice  during 
the  summer  months  to  operate  as  many  of  our  cross  town  cars  as  we  practically  can  over  this  spur. 

In  view  of  the  fact  that  this  is  our  busiest  cross  town  line  and  that  cars  are  operated  over  it  during 
rush  hours  upon  a  two  minute  headway,  it  would  not  be  possible  for  us  to  send  all  cars  to  the  134th  Street 
Terminal. 

At  the  present  time  we  carry  upwards  of  20,000  people  daily  upon  this  line,  and  the  number  carried 
to  134th  Street  does  not  exceed  we  believe  50. 

While  this  is  a  fact  instructions  have  been  given,  and  are  thoroughly  understood  by  our  employees 
operating  cars  upon  this  cross  town  line,  that  when  the  cars  reach  Locust  Avenue  if  there  are  any  pas- 
sengers who  express  a  wish  to  be  brought  to  the  134th  Street  terminal  it  is  the  duty  of  the  crew  to 
bring  them  there,  and  instructions  have  also  been  given  to  have  Conductors  ask  passengers  when  reaching 
above  point  if  they  desire  to  go  south  on  Locust  Avenue. 

Notwithstanding  the  fact  that  the  number  of  passengers  carried  upon  the  spur  referred  to  are  so  few, 
we  endeavor  at  this  season  of  the  year  to  have  cars  meet  the  Launch  upon  its  arrival  at  the  dock;  but 
as  it  runs  very  irregularly  and  without  a  schedule,  it  is  of  course  a  matter  of  "guess"  with  us  to  say  when 
and  how  often  cars  should  be  operated  to  connect  with  it. 

If  some  of  the  cars  do  at  times  return  from  136th  Street  instead  of  going  to  134th  Street,  we  are  of 
the  opinion  that  it  is  done  because  of  the  congested  condition  of  the  roadway,  and  we  think  it  good  judg- 
ment of  the  crew  to  return  at  once  so  as  to  keep  our  line  covered  and  maintain  the  headway  demanded  by 
the  Order  of  the  Public  Service  Commission,  with  respect  to  the  operation  of  this — our  busiest  cross  town 
Hoe — upon   which,  as  before  «tated,  we  carry  daily  at  least  20,000  people. 

In  confirmation  of  the  judgment  used  by  our  crews  we  would  call  attention  to  the  statement  sent 
us  by  the  Public  Service  Commission,  showing  that  about  one  minute  elapsed  from  the  time  the  car  stopped 
at  136th  Street  East  bound  until  it  started  upon  its  return  trip,  which  barely  covers  the  time  necessary  for 
the  Conductor  to  alight  from  the  rear  end  of  the  car,  turn  his  trolley  pole  and  proceed  back  upon  his 
journey. 

E.  A.  M. 

Dated    March    16,    1910. 


New  York.   March   18,   1910. 
Public   Service   Commission, 
New  York  City. 

Gentlemen : — 

I  beg  to  hand  herewith  a  complaint  against  the  Union  Trolley  Co.,  for  the  reason  that  they  will  take 
you  one  way  to  your  desired  destination  for  one  fare,  but  oblige  you  to  pay  two  fares  to  get  back  to  your 
starting  point.  I  have  frequent  occasion  to  go  over  to  Highbridge  from  my  residence  and  usually  take  a 
trolley  car  at  170th  Street  and  Boston  Ave.  to  i6ist  Street  where  I  transfer  to  the  i6ist  Street  Crosstown 
line.  At  Morris  or  Jerome  Ave.  I  have  to  transfer  again  to  the  Morris  Ave.  and  Washington  Bridge 
cars.  My  Boston  Ave.  car  transfer  carries  me  ovei*  without  any  trouble  over  the  various  lines,  but  coming 
back  the  transfer  from  Morris  Ave.  car  reads  south  which  will  take  me  to  i6ist  Street  and  Third  Ave., 
but  is  absolutely  refused  on  the  Boston  Ave.  cars  going  north  and  I  have  to  pay  another  fare. 

I  enclose  herewith  transfers  as  issued  by  the  Union  Trolley  Co. .and  beg  to  add  that  either  one  fare 
or  two  fares  ought  to  hold  good;  and  consider  the  Morris  Ave.  cars  to  Highbridge  through  E.  i6ist  Street 
as  an  adjunct  crosstown  line.  That  this  transfer  going  south  does  not  hold  good  cannot  be  a  criterion 
since  I  can  start  at  i6ist  Street  and  3d  Ave.  by  way  of  Sedgwick  Ave.  cars  to  177th  Street  and  West 
Farms  and  return  to  my  starting  point  in  a  circle,  going  west,  north,  east  and  south,  on  one  transfer,  all 
for  one  fare. 

Your  kind  consideration   will   oblige, 

Very   respectfully  yours, 

(Signed)     G.   STARKE,   M.   D. 
466 


New  York,  March  24th,  19 10. 
'IVavis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  City. 

Dear  Sir:  ^  , 

Referring  to  yours  of  the  21st  enclosing  complaint  of  Dr.  G.  Starke  of  1393  Franklin  Ave- 
nue, Bronx,  I  beg  to  say  that  instructions  have  been  given  to  the  conductors  that  southbound 
transfers  on  the  Morris  Avenue  Line  should  be  accepted  northbound  on  any  car  crossing  161  st 
Street. 

Beginning  on  the  first  of  April,  we  will  issue  regular  crosstown  transfers  to  any  passenger 
paying  a  cash  fare  on  boarding  a  Morris  Avenue  car  between  Washington  Bridge  and  i6ist 
Street  and  Morris  Avenue,  which  will  entitle  the  passenger  to  transportation  in  either  direction, 
and  think  this  change  will  remedy  the  complaint  made  by  Dr.  Starke. 

Yours  truly, 
Copy  to  Dr.  Starke.  Receiver. 


Dr.  G.  Starke,  New  York,  March  24th,  1910. 

1393  Franklin  Avenue, 
Bronx. 
Dear  Sir: 

Enclosed  please  find  copy  of  my  reply  to  the  Public  Service  Commission  in  answer  to  your 

complaint  to  them  of  March  i8th. 

Yours  truly, 

Enclosure :  Receiver. 


Frederick  W.   Whitridge,   Esq.,  New   York,   March  22nd,    1910. 

Receiver,   Third  Avenue   R.   R.   Co., 
130th   St.   &  Third  Avenue, 
New   York   City. 

Dear  Sir: 

From  time  to  time  complaints  have  been  made  by  various  persons  along  Broadway  between  72nd 
&  iioth  Streets  on  account  of  the  distressing  noise  caused  by  the  movement  of  your  cars  over  tracks 
where   rails   are   corrugated. 

Some  time  ago  your  assistant  replied  to  these  complaints  as  follows:  "There  is,  unquestionably, 
noise  at  that  point,  but  as  heretofore  explained  to  you,  until  we  can  get  money  to  renew  the  tracks,  we 
are  helpless  to  prevent  it.  The  reorganization  plan  which  is,  I  believe,  now  awaiting  the  action  of  the 
Public    Service    Commission,   provides    for   a   fund   for  the  renewal   of  these  tracks." 

An  inspection  by  our  Engineer,  shows  that  the  rails  are  corrugated  in  many  places  and  that  some 
of  the  joints  are  low,  all  of  which  is  largely  a  matter  of  maintenance.  The  corrugations  can  be  removed 
by  grinding  the  ball  of  the  rail,  or  by  renewing  the  rail.  The  complaint  has  merit,  and  the  track  should 
be  put   in   condition  and  properly  maintained. 

Please  advise  the  Commission  if  you  will  voluntarily  make  such  repairs  as  will  relieve  this  cause 
of    complaint.  Verv  truly  vours, 

TRAVIS  H.  WHITNEY. 
HOC  /T.EK  Secretary. 

467 


Travis  H.  Whitney,  Esq.,  New  York,  March  23,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 
Dear  Sir: 

I  have  yours  of  the  22nd  infoiming  me  that  you  have  complaints  of  the  noise  on  Broadwa 
between  72nd  and  iioth  Streets  and  so  on.  The  complaints  about  noise  on  Broadway  come  wit 
the  certainty  of  the  Spring.  In  part  they  are  caused  by  the  condition  of  the  rails,  in  part  b 
the  condition  of  the  people  who  live  on  Broadway,  in  part  by  the  fact  that  there  is  no  othe 
noise  on  Broadway  except  that  of  the  cars,  and  in  part  because  the  cars  run  over  the  Subwa 
which  acts  as  a  sounding  board. 

You  also  inform  me  that  "an  inspection  by  your  engineer  shows  that  the  rails  are  corn 
gated  in  many  places  and  that  some  of  the  joints  are  low,  all  of  which  is  largely  a  matter  € 
maintenance.  Corrugations,  you  say,  can  be  removed  by  grinding  the  ball  of  the  rail,  or  b 
renewing  the  rail.  The  complaint  has  merit  and  the  track  should  be  put  in  condition  and  prof 
erly  maintained." 

All  that  is  slightly  didactic,  still  substantially  true.    Of  course  I  will  do  anything  that  I  ca 

in  the  premises.     I  suggest  that  the  best  course  to  pursue  is  that  which  was  adopted  last  yea 

namely — that  your  engineer  in  charge  of  this  business,   whenever  he  gets  a  complaint  of  an 

particular  thing,  should  call  up  my  engineer  of  Maintenance  of  Way,  Mr.  Ryder,  at  tliis  offici 

and  inform  him  of  the  particular  complaint  and  Mr.  Ryder  will  send  a  gang  to  file  the  rails  j 

that  point.     This  procedure  worked  satisfactorily  last  Summer  and  I  think  is  the  most  practicabl 

thing  to  be  done  now,  but  if  there  is  anything  else  which  you  want  done,  which  I  can  do,  I  wi 

do  it. 

Yours  truly, 

Receiver. 


Mr.    Frederick    W.    Whitridge,  New   York,   March  25th,    1910. 

Receiver,   Third  Ave.   R.   R.   Co., 
130th  St.  &  Third  Ave. 
New   York   City. 
Dear  Sir : 

Your  letter  of  the  23rd  inst.  in  reference  to  noise  on  Broadway  between  72d  &  iioth  Streets,  receive 
Your  suggestion  of  co-operation  between  our  Transportation  Department  and  your  Maintenance-o 
Way  Department  is  entirely  acceptable,  and  Mr.  Connette,  our  Transportation  Engineer,  will  have  one  ( 
the  engineers  of  his  department  to  confer  with  your  Mr.  Ryder  in  an  effort  to  relieve  the  complain 
which,  as  you  say,  come  up  periodically,  and  hereafter  in  complaints  of  this  kind  we  shall  pursue  the  san 
policy  in  co-operating  with  your  man  in  charge  to  obtain  relief,  or  satisfy  complaints  if  they  have  merit. 

Very   truly   yours, 
EGC/LEK  "  TRAVIS   H.    WHITNEY, 

Secretary. 


Frederick   W.   Whitridge,    Esq.,  New  York,   March  23,   1910. 

Receiver,   Third   Avenue   Railroad   Co., 
Third   Avenue  and   130th   Street, 
New   York   City. 
Dear   Sir : 

Relative  to  unknown  man  being  killed  by  car  while  lying  in  an  excavation   on  the  southbound  track 
March  20th,  1910;   12:35  A.  M.,  opposite  268  Bowery. 

468 


Investigation  shows  that  the  roadway  between  the  tracks  is  open  from  Rivington  St.  to  Prince  St. 
and  from  Prince  St.  to  Houston  St.,  and  that  the  contact  rail  is  exposed  the  entire  distance. 

This  excavation  is  protected  against  the  public  during  hours  when  men  are  not  working  on  the  track 
by  ropes  stretched  on  each  side  of  the  roadway  fastened  to  iron  rods  stuck  in  the  ground,  the  ropes  being 
about  three  feet  above  the  ground  at  the  iron  rods,  and  not  being  fastened  tight  they  sag  in  the  center 
about  twelve  to  eighteen  inches  above  the  ground.  This  is  not  safe  protection  to  the  public.  Although 
lamps  or  lanterns  are  placed  about  forty  feet  apart  on  the  sides  of  the  excavation  to  prevent  the  public 
from  crossing  the  street  at  this  point,  there  have  been  two  other  accidents  of  a  similar  nature  previous  to 
this  accident  where  the  only  protection  against  the  public  crossing  the  excavation  was  ropes  attached  to 
rods.  It  seems  that  this  is  not  adequate  protection,  and  a  rigid  guard  should  be  placed  on  both  sides  of 
the  excavation  of  planking  of  a  sufficient  height  from  the  street  to  prevent  a  person  from  crossing  the 
excavation.  The  contact  rail  being  exposed  during  the  hours  when  no  work  is  being  done,  is  a  menace 
to  the  public,  especially  children  who  might  be  attracted  by  the  rail  and  be  killed.  I  believe  therefore  that 
the  contact  rail  should  be  protected  or  covered  by  a  planking  placed  across  in  such  a  manner  as  to  prevent 
any  one  touching  or  coming  in  contact  with  it. 

Please  let  me  know  what  action  you  will  take  in  regard  to  protecting  excavations  on  your  lines  in  the 
future  to  prevent  further  accidents  occurring. 

Yours  very  truly, 
WJW/CWT  TRAVIS  H.  WHITNEY, 

Secretary, 

Travis  H.  Whitney,  Esq.,  New  York,  March  29th,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  yours  of  March  23rd  in  respect  to  an  unknown  man  killed  by  a  car  while  lying  in  an 
excavation  on  the  southbound  tracks,  on  March  20th. 

I  beg  to  call  your  attention,  in  the  first  place,  to  the  fact  that  neither  you  or  anybody  else 
knows  whether  the  man  was  killed  by  a  car  or  not.  Cases  have  occurred  where  men  were 
killed  in  rum  shops  and  deposited  in  such  excavations. 

In  respect  to  the  particular  precautions  which  are  taken,  I  beg  to  call  your  attention  to  the 
fact  that  the  permit  from  the  City  provides  that  the  Company  shall  maintain  proper  and  suf- 
ficient guards  around  all  excavations  to  do  the  work  in  accordance  with  the  rules  and  instruc- 
tions of  the  City  Engineer,  and  the  City  has  its  inspectors  of  highways  whose  business  it  is  to 
see  that  such  precautions  are  taken,  and,  so  far  as  I  know,  the  Engineer's  judgment  as  to  what 
is  proper  and  sufficient,  is  final.  Notwithstanding  that,  I  am  prepared  to  do  anything  which  it 
is  desirable  or  necessary  to  do,  to  meet  your  views. 

I  call  your  attention,  however,  to  a  fact  which  your  inspectors  have  apparently  omitted  to 
notice,  namely — that  there  is  a  watchman  stationed  at  this  and  all  similar  places  who  controls  the 
work.  It  is  of  course  impossible  to  prevent  a  negligent  or  incompetent  person  putting  himself 
in  peril,  whatever  precautions  are  taken.  The  particular  precaution  you  mention,  of  a  wooden 
fence  around  the  excavation,  is  impracticable,  it  would  result  in  the  death  of  workmen  and  would 
probably  not  be  permitted  by  the  City. 

Your  statement  that  the  contact  rail  is  exposed  during  hours  when  no  work  is  being  done, 
is  in  error.  The  contact  rail  is  not  exposed,  except  in  very  few  places  where  a  man  by  putting 
his  foot  in  a  hole,  or  by  reaching  down  in  a  hole  some  inches  deep,  can  get  on  the  contact  rail. 

Under  these  circumstances,  I  am  of  the  opinion  that  the  precautions  taken  by  us  in  accord- 
ance with  the  City's  instructions — which  are  the  same  precautions   which  have  prevailed  here 

469 


for  fifteen  or  twenty  years — are  adequate,  and  I  do  not  see  my  way  to  doing  anything  further, 
although  if  you  will  be  good  enough  to  consult  with  the  City  Ejigineer  to  get  up  a  new  set  of 
regulations,  I  shall  be  happy  to  comply  with  them. 

Yours  truly, 

Receiver. 


PUBLIC  SERVICE  COMMISSION. 
154  Nassau  Street, 

City. 
Frederick   W.    Whitridge,    Esq.,  March  29,    1910. 

Receiver,    Third    Avenue   Railroad   Company, 
130th   Street  &  Third  Avenue, 
New   York    City. 
Dear  Sir : 

The  receiver  of  the  Westchester  Electric  Railroad  Company  advises  the  Commission  that  through  a 
verbal  agreement  with  you  the  price  at  which  electric  energy  is  furnished  to  him  has  been  reduced  from 
i^c.  per  k.w.h.  to  ii/4c.,  and  he  has  reported  the  adjustment  made  in  his  accounts  on  the  basis  of  the 
new  rate.  This  office  is  unable  to  determine  from  your  monthly  reports  what  portion,  if  any,  of  the  rev- 
enue accruing  from  power  furnished  to  the  Receiver  of  the  Westchester  Electric  Railroad  Company  has 
been  taken  upon  your  books.  Please  report  the  amount  of  such  revenue  applicable  to  each  month  since 
July   I,    1909,   that  is  not  included   in  the  revenue  already  reported  in  the  monthly  returns. 

We  have  already  requested  that  each  monthly  report  hereafter  should  show  the  amount  of  revenue  ac- 
cruing from  the  above  mentioned  source  that  is  not  included  in  the  revenue  account. 

Very  truly  yours, 

(Signed)     TRAVIS   H.   WHITNEY, 

Secretary. 

Travis  H.  Whitney,  Esq.,  New  York,  March  30,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
My  Dear  Sir : 

I  have  yours  of  the  29th  and  have  handed  same  to  my  auditor  with  instructions  to  give 
you  the  reports  asked  for.  I  think  the  difficulty  is  probably  occasioned  by  the  fact  of  my  instruc- 
tions to  him  not  to  carry  any  charges  against  anybody  on  our  books  as  revenue,  unless  those 
charges  are  paid.  The  explanation  of  that  is,  of  course,  obvious.  Accounts  are  usually  used  to 
fool  people  and  I  have  had  a  good  deal  of  difficulty  to  keep  out  of  my  accounts  all  revenue  items 

which  are  not  represented  by  cash. 

Yours  truly. 

Receiver. 


Travis  H.  Whitney,  Esq.,  New  York,  March  31,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 
Dear  Sir: 

Answering  your  letter  of  March  lOth  in  respect  to  Order   1198  and  my  reply  thereto  of 
March  nth,  I  beg  to  say  that  on  March  21st  my  Auditor  sent  you  some  sixteen  documents  in 

470 


response  to  Order  1198  and  I  hand  you  herewith  twenty-seven  additional  documents  in  further 
answer  to  your  communication  and  in  compliance  with  the  order  referred  to. 

The  documents  herewith  enclosed  are — 
42nd  Street,  Manhattanville  &  St.  Nicholas  Ave.  Ry.  Co. 

1.  Contract  dated  April  i,  1886,  with  Dry  Dock  Company,  for  use  of  tracks  34th  Street. 

2.  Copy  of  Order  August  18,  1897,  of  Railroad  Commissioners,  for  change  of  motive  power. 

3.  Copy  of  Agreement  October  31,  1885,  with  Third  Ave.  R.  R.  Co.  for  use  of  tracks  42nd 

Street. 

Third  Avenue  Railroad  Company — 

1.  Copy  of  Lease  from  City  of  New  York  dated  November  23,  1896,  and  extension  Agree- 

ment relating  to  water  front  property  Kingsbridge. 

2.  Petition  for  increase  of  Capital  Stock  from  $12,000,000  to  $40,000,000. 

3.  Agreement  with  Harlem  Bridge,  etc.,  Ry.  Co.  dated  Feb.  12,  1891. 

4.  Agreement  with  Second  Ave.  R.  R.  dated  Jan.  26,  1892. 
Harlem  Bridge,  Morrisania  &  Fordham  Ry.  Co. 

1.  Extension  Certificate  filed  August  29,  18S5. 

2.  "  "  "     July  22,  1895. 

3-  "  "  dated  October  i,  1888. 

4.  Resolution  as  to  stock  increase  July,  1863. 

5.  Agreement  with  Melrose  &  West  Mor.  Co.  dated  Oct.  15,  1890. 

6.  Affidavit  as  to  Property  Owners'  consents,  dated  Mar.  5,  1891. 

7.  Resolution  of  Stock  increase  dated  Sept.  23,  1884. 
Union  Railway  Company — 

I.  Certificate  of  Extension  filed  July  7,  1892. 

2-  "  "  "      Julys,  1892. 

3-  "  "  dated  May  24,  1901. 
4.          "                    "  "     Dec.  4,  1892. 

5-  "  "  "     Sept.  10,  1892,  Westchester  County. 

6.  Resolution  Trustees  Williamsbridge,  Sept.  22,  1892. 

7.  Resolution  Park  Board,  Nov.  23,  1892. 

8.  Bridge  Permit,  Feb.  11,  1901. 

9.  Certificate  as  to  Mortgage,  July,  1892. 

10.  Board  of  Railroad  Commissioners,  Dec.  10,  1892. 

11.  Contract  with  N.  Y.  Central.,  etc.,  R.  R. — Yonkers  R.  R.  crossing. 

12.  Copy  of  Order  extending  time  to  Construct  Road — Jan.  27,  1898. 
Southern  Boulevard  R.  R.  Company — 

I.  Agreement  as  to  Morris  Park  Branch  Sept.  6,  1895. 

This  completes  the  tale  of  documents  in  my  possession  or  to  which  I  have  access,  in  answer 
to  your  Order  1198  and  is  the  definite  official  statement  referred  to  in  yours  of  March  loth. 

Yours  truly. 

Receiver. 
471 


Travis  H.  Whitney,  Esq.,  New  York,  March  26th,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  send  you  herewith  specifications  of  one  hundred  cars  which  I  have  recently  ordered.  No 
drawings  have  been  made  of  these  cars  for  they  are  practically  identical  to  those  which  I  have 
hitherto  ordered,  drawings  of  which  yoa  have. 

Yours  truly. 

Enclosure:  Receiver. 


Mr.  Frederick  W.  Whitridge,  New  York,  April  8th,  1910. 

Receiver,  3rd  Ave.   R.   R.   Co., 
130th   St.  &  3rd  Avenue, 
N.  Y.  City. 

Dear  Sir: 

Yours  of  March  25th,  submitting  specifications   for  one  hundred   (100)    new  cars,  received. 
Will  you  please  furnish  the  Commission  with  information  in  regard  to  the  type  of  motors,  controllers 
and  equipment  which  you  propose  to  install  on  these  cars? 

Very   truly   yours, 
EGC/LEK  TRAVIS  H.  WHITNEY, 

Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  April  9th,  1910. 

Secretary,  Public  Service  Commission, 
New  York  City. 

Dear  Sir: 

I  have  yours  of  the  8th  instant  referring  to  mine  of  the  26th  ultimo  in  respect  to  one  hun- 
dred new  cars.  The  motors  on  those  cars  are  one-half  of  the  General  Electric  210  and  one- 
half  of  the  Westinghouse  310  types,  of  which  you  already  have  full  descriptions.  The  con- 
trollers and  other  equipment  are  exactly  the  same  as  specified  for  the  last  hundred  cars. 

Yours  truly. 

Receiver. 


F.   W.   Whitridge,   Esq.,   Receiver,  New  York,  April   13,   1910. 

Third    Avenue    Railroad   Company, 
130th   St.   &  3rd  Avenue, 
New  York  Citv.  N.   Y. 

Dear  Sir: 

Acknowledgment   is    made    of   your   letter   of   April    9th,    giving    information    in    regard    ta   the    motor 
equipment  which   are  to  be  placed  on  the  cars  you  have   recently   purchased. 

Yours  very  truly, 
CWW/CTB  TRAVIS  H.  WHTNEY, 

-  Secretary. 

472 


New  York,   April  7th,   1910. 
Mr.    Frederick  W.   Whitridge, 
Receiver,   3rd   Ave.   R.   R.   Co., 
130th   St.   &  3rd  Avenue, 
New  York  City. 

Dear  Sir: 

An  official  complaint  from  the  Board  of  Health  has  been  submitted  to  the  Commission  in  reference 
to  the  loud  and  unnecessary  noises  arising  from  the  operation  of  cars  on  Broadway  over  the  tracks  of  the 
3rd  Ave.  R.  R.  Co.,  and  asking  that  steps  be  taken  to  abate  the  nuisance. 

As  you  know,  the  recent  correspondence  on  this  subject  has  shown  that  the  track  on  Broadway  from 
72nd  to  iioth  St.  is  in  a  very  unfortunate  condition.  While  the  rails  are  not  badly  worn  and  the  joints 
in  fair  condition,  the  rails  are  badly  corrugated  at  frequent .  intervals  throughout  this  stretch,  and  the  cars 
passing   over  the   corrugated   rails   cause   loud   and   annoying  sounds. 

Engineers  of  our  Transportation  Department  have  been  in  consultation  with  your  Mr.  Ryder,  En- 
gineer of  Tracks,  in  reference  to  relieving  the  situation.  At  that  time  he  had  four  gangs  working  at  va- 
rious points  with  track  files,  filing  down  the  corrugations  as  much  as  possible.  This  process  is  very  slow, 
and  unless  a  large  number  of  men  are  put  on  the  job  it  would  be  a  long  time  before  any  relief  can  be  ex- 
perienced from  existing  conditions.  Corrugations  of  the  rails  causing  this  trouble  should  be  ground  or  filed 
off  as  quickly  as  possible,  or  the  rails  removed. 

It  is  hoped  that  this  matter  can  be  satisfactorily  adjusted  without  formal  proceedings,  and  I  trust  that 
you  will  show  a  proper  spirit  of  co-operation  and  have  the  corrugated  rails  repaired  or  replaced  within  a 
reasonable  time. 

Please   advise  the   Commission   as   to  your   intentions. 

Very  truly  yours, 
EGC/LEK  TRAVIS  H.  WHITNEY, 

Secretary. 


New  York,  April  8th,  1910. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  City. 

Dear  Sir: 

I  have  yours  of  the  7th  instant  referring  to  the  complaint  of  the  Board  of  Health  about  the 
noise  on  the  Broadway  Line,  and  asking  me  to  advise  the  Commission  of  my  intentions  in  respect 
thereto. 

I  beg  to  say  that  it  is  my  intention  to  continue  the  work  of  grinding  the  tracks  as  rapidly  as 
possible,  and  I  have  instructed  Mr.  Ryder  to  at  least  double  his  force  for  that  purpose,  but  I 
beg  you  to  bear  in  mind  that  the  financial  surplus  of  the  42nd  Street  R.  R,  Receivership  will  pres- 
ently be  exhausted  by  the  payment  of  the  back  franchise  taxes  and  interest  due  the  City. 

In  respect  to  your  last  paragraph  that  "it  is  hoped  that  this  matter  can  be  satisfactorily 
adjusted  without  formal  proceedings  and  I  trust  you  will  show  a  proper  spirit  of  co-operation," 
etc,  I  venture  to  remark  for  your  enlightenment  that  a  suggestion  of  co-operation  is  rarely 
accompanied  in  this  world  with  a  threat  of  formal  proceedings  against  the  proposed  co-operator 
in  case  he  fails  to  co-operate,  and  I  know  of  no  proceedings,  formal  or  otherwise,  which  you 
can  possibly  take  which  will  compel  me  to  spend  money  I  have  not  got. 

If  you  are  really  very  anxious  to  hasten  matters,  perhaps  the  Commission  will  see  its  way  to 
induce  the  Reorganization  Committee  and  Court  to  authorize  the  execution  of  a  temporary  mort- 
gage on  the  property,  which  the  Commission  can  subsequently  approve  of  after  due  hearings,  and 
through  which  it  is  possible  money  might  be  raised  to  do  everything  that  ought  to  be  done  forth- 

473 


with,  and  pending  the  result  of  the  Commission's  deliberations  upon  the  reorganization  plan.  Per- 
haps the  Commission  might  also,  while  they  are  about  it,  arrange  for  a  second  mortgage  on  the 
Union  property,  the  proceeds  to  be  used  to  pay  the  judgment  of  $860,000  they  are  asking  against 
me  as  Receiver  of  that  property. 

I  also  venture  to  congratulate  you  upon  the  fact  that  the  idea  of  co-operation  has,  after  two 
years,  finally  entered  into  what  I  had  begun  to  fear  were  the  inaccessible  fastnesses  of  the  Com- 
mission's collective  mind.  Had  it  got  there  before  the  Commission  began  to  issue  the  orders 
with  which  it  opened  its  relations  with  me,  it  would  have  saved  itself  much  discredit  and  me  some 
annoyance  and,  I  am  afraid,  some  amusement. 

Yours  truly, 


Receiver. 


April    12,    1910. 
Frederick   W.   Whitridge,    Esq.,    Receiver, 

42nd   St.,   Manhattanville   &   St.    Nicholas   Ave.   R.  R.  Co., 

129th  St.  &  3rd  Ave.-,  New  York  City. 

Dear  Sir: 

Attached  from  the  Department  of  Transportation  please  find   one   sheet   of  tabulations   of  observations 
taken  on  March  i6th  and  April  2nd  at  Broadway  and  66th   Street,   on  the  cars  of  the   Broadway  Branch. 

Our  observations   show   great   irregularity  in   headway,  and  on  Saturday,  April  2nd,  a  deficiency  in  seats 
northbound.     Kindly  let  us  know  if  you  will  take  steps  to  improve  this  service. 

Very  tiuly  yours, 

TRAVIS  H.  WHITNEY, 
FEF/PG  Secretary. 

1-2132 


474 


PUBLIC   SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 


Bureau  of  Transit  Inspection.  ^ 

Line,   Broadway  Branch. 
Date,  Mar.  i6  and  Apr.  2,  1910. 
Location  of  Observer,  Broadway  and  66th  St 
Bound,   North   and   South.  Computer,  McCIure. 

Checked  by  H.  C.  L.  Investigation  No.  2,132. 


Sheet  No. 


5ti 

to 

e 

^ 

^ 

|5 

H 

5 

•0 

Time. 

Destination. 

ate 

to  a 

•M    00 

^1 

St 

so 

2 

!5« 

1(2 

|1 

P 

350 

55? 

^ 

^ 

3  tf 

c8 

. 

'AO, 

Pu. 

p.  M. 

Mar.116,  '10. 

7.30  to   7.45 

Elast  34tb  St.  Ferry. 

5 

225 

217 

9696 

1 

10 

7.45  "    8.00 

K 

324 

274 

^5 

2 

60 

8.00  "    8.15 

5 

207 

139 

67 

8.15  "    8.80 

6 

261 

185 

71 

1 

25 

8.30  "    8.45 

6 

243 

161 

66 

1 

10 

8.45  "    9.00 

2 

72 

58 

81 

•  •  •  • 

82 

1,332 

1,084 

780/0 

5 

106 

April  2,  '10. 

7.80  to   7.45 
7.45  "    8.00 

East  34th  St.  Ferry. 

4 

8 

162 
342 

180 
802 

ma 

88 

2 

.SO 

8.00  "    8.15 

8 

842 

309 

90 

2 

Xi 

815  "    8.30 

4 

171 

2fS 

21std. 

4 

85 

8.30  "    8.45 
8.45  "    9.00 

6 
4 

261 
180 

148 
81 

57 
45 

8 

* 

84 

1,458 

1,226 

840/0 

ISO 

Mar.  16,  '10. 

10.30  to  10.45 
10.45  "  11.00 
11.00  "  11.15 

Fort  Lee  Ferry.... 

H                 It 

4 
3 
6 

171 
126 
252 

119 

61 

220 

70% 

48 

87 

2 

20 

11.15  "  11.30 
11.80  "  11.45 
11.46  "  12.00 

«4                t4 

8 

4 
5 

824 
162 
189 

185 
95 
90 

57 
59 
48 

80 

1,224 

770 

63o^ 

2 

20 

April  2,  '10. 

10.30  to  10.45 
10.45   "  11.00 

Fort  Lee  Ferry.... 

5 
2 

825 
81 

144 
121 

64o^ 
20std. 

2 

40 

11.00  "  11.15 

"        "       •••. 

8 

185 

210 

25    " 

8 

75 

11.15  "  11.30 

••        It 

10 

450 

474 

2    " 

4 

60 

11.30  "  11.45 

tt        i> 

4 

158 

203 

18    " 

8 

60 

11.45  "  12.00 

ti        tt 

6 

248 

202 

83% 

2 

15 

80 

1,287 

1,854 

2std. 

14 

240 

New  York,  April  15th,  1910. 
Mr.  Travis  H.  Whitney, 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 
Dear  Sir: 

I  have  yours  of  the  12th  instant  with  another  of  your  absurd  blue  prints,   which   I   have 
referred  to  my  Engineering  Department  with  instructions  to  communicate  with  Mr.  Connette. 

Yours  truly, 

Receiver. 


475 


Mr.  Frederick  W.  Whitridge,  Receiver,  New  York,  April   13,   1910. 

Third  Avenue  Railroad  Company, 
65th  Street. and  Third  Avenue, 
New   York  City. 
Dear  Sir: 

By  Resolution  of  the  Board  of  Aldermen,  the  Public  Service  Commission  has  been  requested  to 
take  such  steps  as  might  be  necessary  to  eliminate  the  inconvenience  which  passengers  are  subjected  to 
on   pay-as-you-enter   cars   at  the   various   terminals,   from  which  such  cars  are  operated. 

As  you  well  know,  due  to  the  fact  that  the  majority  of  passengers  do  not  have  the  proper  change, 
passengers  are  compelled  to  wait  in  line  while  the  conductors  make  change  and  collect  the  necessary  fares 
before  they  can  enter  the  cars. 

These  conditions  could  be  eliminated  if  cashiers,  whose  duty  it  would  be  to  make  change,  were  in- 
stalled in  a  small  booth  at  such  points.  All  passengers  could  then  be  required  to  obtain  the  necessary 
change  before  boarding  the  car. 

Please   take   this   matter   under  consideration   and  reply  by  the  25th  inst. 

Very  truly  yours, 

DLT/AR  TRAVIS  H.  WHITNEY, 

Secretary. 


Travis  H.  Whitney,  Esq.,  New  York,  April  14,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: 

I  have  yours  of  the  .13th  referring  to  the  Resolution  of  the  Board  of  Aldermen  request- 
ing you  to  take  steps  to  eliminate  the  inconvenience  to  which  passengers  are  subjected  on 
Pay-as-you-Enter  cars,  adding  that,  as  I  well  know,  "the  majority  of  passengers  do  not  have 
proper  change." 

As  a  matter  of  fact  I  do  not  know  anything  of  the  kind.  My  personal  observations  have 
given  me  the  impression  that  at  least  three-quarters  of  the  passengers  who  get  on  the  P.  A.  Y.  E. 
cars  have  their  nickels  ready.  If,  however,  I  am  mistaken  about  this,  I  am  not  at  all  sure  that 
the  conditions  could  be  eliminated  by  installing  cashiers  in  small  booths  at  terminal  points  and 
endeavoring  to  compel  passengers  to  obtain  the  necessary  change  at  those  booths.  I  do  not  know 
how  they  could  be  "required"  to  do  it,  they  could  be  requested  to  do  it,  but  I  doubt  whether  it 
is  possible  for  railroads  to  eliminate  inconveniences  caused  by  the  stupidity  of  the  people  them- 
selves, any  more  than  it  is  possible  to  keep  cars  invariably  clean  and  sweet  smelling  which  are 
used  by  people  with  filthy  habits,  which  seemed  to  be  the  notion  underlying  the  last  resolution 
the  Board  of  Aldermen  levelled  at  me. 

I  am  disposed,  as  you  know,  to  do  anything  I  can  to  gratify  the  Honorable  Board  of 
Aldermen  and  the  Public  Service  Commission,  and  if  you  can  get  me  a  permit  to  put  a  small 
booth  in  front  of  the  Post  Office  at  which  a  cashier  can  be  stationed  to  make  change  for  the 
patrons  of  the  Road,  and  will  tell  me  how  either  you  or  I  or  the  Aldermen  can  compel  people 
to  go  there  to  get  change,  I  am  prepared  to  go  to  the  expense  of  paying  for  the  cashier  and  build- 
ing the  booth.  My  notion  is  that  the  experiment  would  disappoint  the  Aldermen  and  your- 
selves and  therefore  I  should  only  be  willing,  in  the  first  instance,  to  install  one  booth  at  the 
most  crowded  terminal  as  a  matter  of  experiment. 

Yours  truly, 

Receiver. 

476 


Re-SUB-SURFACE  STRUCTURES.  April  13th,  1910. 

The  Public  Service  Commission, 
154  Nassau  Street, 
New  York  City. 

Gentlemen  : 

I  have  at  hand  letter  of  the  8th  instant  from  your  Chief  Engineer,  Henry  B.  Seaman,  to 
my  Engineer  of  Maintenance  of  Way,  E.  M.  T.  Ryder,  replying  to  his  request  for  blue  prints 
of  sub-surface  structures  on  streets  where  there  are  tracks  of  the  Third  Avenue  Railroad  Com- 
pany and  allied  lines.  I  understand  Mr.  Seamen's  letter  to  suggest  that  I  make  formal  request 
to  the  Commission  for  the  information  desired. 

I  do,  therefore,  request  you  to  furnish  to  my  Engineering  Department  such  blue  prints  and 
information  as  you  may  possess,  in  regard  to  the  sub-surface  structures,  including  pipe  lines, 
duct  lines,  subways,  etc.,  showing  their  relation  to  the  tracks  of  the  Third  Avenue  Railroad 
Company,  The  Forty-Second  Street,  Manhattanville  &  St.  Nicholas  Avenue  Railway  Company 
and  The  Dry  Dock,  East  Broadway  &  Battery  Railroad  Company,  in  streets  where  these  Com- 
panies have  tracks. 

Yours  very  truly, 

^  Receiver. 


The    Public    Service    Commission,  New    York,    April    20th,    1910. 

Tribune  Building, 

New   York   City. 
Dear  Sirs: 

I  desire  to  call  your  kind  attention  to  the  irregularity  of  the  service  maintained  by  the  42nd  Street  Cross- 
town  Line  during  the  evening  hours.  This  line  is  utilized  after  dark  principally  by  persons  residing  on 
the  Jersey  side  of  the  river,  and  while  the  ferry  between  West  42nd  Street  and  Weehawken  is  operated 
on  a  regular  schedule,  the  boats  leaving  New  York  at  intervals  of  fifteen  minutes  during  the  entire 
night,  the  cars  on  the  42nd  Street  Crosstown  Line  are  not  run  in  accordance  with  any  pre-arranged  time- 
table, occasionally  coming  along .  at  intervals  of  about  one-half  hour,  and  they  rarely,  if  ever,  connect 
with   the   boats   of   the    ferry  company. 

I  understand  that  you  control  the  operation  of  various  transportation  lines  in  New  York  City,  and 
trust   you    will    do   the   necessary    in   this    instance,    so  that  there  will  be  no  further  cause  for  complaint. 

Thanking  you   in   advance    for  your   courtesy,   I  remain, 

Very  truly  yours, 

•      (Sgd)    S.  HERMAN  P.  SCHALL, 

Post  Office  Box  #1712, 

New  York  City. 


Travis  H.  Whitney,  Esq.,  New  York,  April  23rd,  19 10. 

Secretary,  Public  Service  Commission,  - 
154  Nassau  Street,  City. 

Dear  Sir: 

I  have  yours  of  the  22nd  containing  complaint   of   Herman    P.    Schall    in    respect  to   the 
service  on  the  42nd  Street  Crosstown  Line.     In  reply  thereto  I  beg  to  say  that  the  42nd  Street 

477 


Crosstown  cars  are  run  on  a  two  and  one-half  to  three  minutes  headway  from  the  morning 
until  12 :30  at  night,  after  12 130  at  night  they  run  on  a  twenty  minute  headway.  That  is  the 
general  rule. 

For  the  past  two  or  three  weeks  extensive  repairs  to  the  track  on  42nd  Street  have  been 
going  on,  which  disturb  the  headway  and  necessitate  our  using  only  one  track  between  the 
hours  of  I  and  5  A.  M.  When  those  repairs  are  completed  the  original  headway  will  be  re- 
sumed. 

I  may  say  further,  for  Mr.  Schall's  information,  that  the  last  complaint  I  had  about  the 
42nd  Street  Line,  was  to  the  effect  that  there  were  so  many  cars  on  it  that  traffic  on  the  street 
was  impeded  and  urging  me  to  take  some  of  the  cars  off. 

Yours  truly, 

Copy  to  Mr.  Schall.  Receiver. 

New  York,  April  23rd,  19 10. 
Herman  P.  Schall,  Esq., 
Post  Office  Box  1 71 2, 
New  York  City. 

Dear  Sir: 

I  send  you  herewith  "copy  of  my  reply  to  the  Public  Service  Commission  in  respect  to  your 
complaint  of  the  22nd,  and  hope  that  you  will  find  it  satisfactory.  Anything  that  I  can  do  to 
improve  this  service  I  shall  be  happy  to  do. 

Yours  truly, 

Enclosure :  Receiver. 


New    York,    May    4th,    1910. 
Frederick  W.  Whitridge,  Esq., 

Receiver,   Third  Ave.   R.   R.   Co., 
130th   St.   &  Third  Avenue, 
New  York  City. 
Dear  Sir: 

Service  observations  of  your  Grand  St.  Crosstown  line  were  taken  at  the  Bowery  and  Grand  St.  of 
westbound  cars  on  April  8th,  and  on  eastbound  cars  on  April  20th. 

These  charts  are  not  in  accord  with  the  service  required  by  Final  Order  in  Case  #421,  which  has 
been  eflfective  since   May   ist,   1908. 

Will  you  kindly  inform  the  Commission  as  to  the  cause  of  this  deficiency  in  service,  and  what  arrange- 
ments will  be  made  to  provide  service  to  comply  with  the  order? 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
EGC/LEK  Secretary. 

Enc. 


478 


PUBLIC   SERVICE  COMMISSION   FOR  THE  FIRST  DISTRICT. 


Bureau  of  Transit  Inspection. 
Line,   Grand   St. 
Date,   Apr.   20,    1910. 
Location  of  Observer,  Bowery-Grand  St. 
Bound,  East.       Computer,  F.  A.  L.-E.  F.  P. 
Checked  by  C.  A.  H.     Investigation  No.  2,293. 
(Grand  St.  Ferry  and  Brooklyn  Cars  Combined.) 


Sheet  No. 


2 

"S 

0 

530 

1 

•0 

0"S 

i. 

1^ 

II 

OX 

Time. 

De^tinatioo. 

EO 

3  s 

IS 

2§ 

3  S 

^ 

A 

i 

^  0 

Ssa, 

a< 

p.  M. 

4.30  to   4.45 

Brooklyn.  Grand  St.  Ferrv. 

7 
5 
6 

252 
180 
216 

181 
129 
239 

720/0 

72% 

4std'g 

4.45  "    5.00 

6.00  "    5.15 

2 

so 

6.15  "    5.30 

7 

252 

304 

7     *' 

4 

80 

6.30  "    5.45 

9 

824 

405 

9     " 

8 

180 

6.45  *'    6.00 

9 

824 

554 

28     " 

7 

230 

6.00  "    6  15 

9 

324 

.'504 

20     " 

7 

180 

6.15  "    6.30 

8 

288 

537 

31      " 

6 

270 

6.80  "    6.45 

13 

463 

595 

10     " 

7 

190 

6.46  "    7.00 

12 

432 

863 

84% 

8 

90 

7.00  "    7.15 

9 
9 

324 
824 

165 
297 

'^ 

7.15  "    7.80 

8 

60 

4.W  to  7.80 

Grand  Total 

lOS 

8.708 

4,278 

5  std'g. 

41 

1.260 

PUBLIC   SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

BtJREAU  OF  Transit  Inspection. 
Line,  Grand  St. 
Date,   Apr.   8,    1910. 

Location  of  Observer,  Bowery  and  Grand  St 
Bound,  West.     Computer,  W.  H.   McC. 
Checked  by  H.  C.  L.     Investigation  No.  2293. 
(Brooklyn  and  Grand  St  Ferry  Cars  Combined.) 


Time. 

Destination. 

is. 

So 

s 
2 

h 

I 

IS) 

0 

H 

0 

ii 

2I 

11 
SI 

oi 

If 
ii 

-1 

Is 

A.  U. 

6.80  to  6.45 

8 
11 
6 
7 
9 
8 
6 
6 
7 
7 
6 
6 

288 
896 

2ie 

252 
824 

288 
216 
216 
252 
252 
180 
216 

170 
801 
260 
315 
544 
476 
366 
819 
237 
259 
144 
176 

■f'Sfdg 
9    " 
24    " 

24  " 

25  " 
17    " 
94% 

1  " 

1 

1 

8 
5 
9 
6 
5 
4 
8 
8 

40 

6.45  "    7.00 

20 

7.00  "    7.15 

80 

7.15  "7  30 

70 

7.80  •'    7.45 

220 

7.46  "    8.1  K) 

195 

8.00  "    8.15 

150 

8.16  "    8.80 

110 

8  80  "    8.45 

50 

8.45  "    9.00 

50 

9.00  "    9.15 

9.15  "    9.80 

1 

10 

6.30  to  9.30 

Grand  Total 

86 

8,096 

3,667 

5  St'dg 

41 

996 

Sheet  No. 


479 


Mr.  Travis  H.  Whitney,  Esq.,  New  York,  May  5th,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 
My  dear  Sir : 

I  have  yours  of  the  4th  instant  in  which  you  say  that  two  charts  which  you  forward  to  me 
"are  not  in  accord  with  the  service  required  by  final  order  in  case  421"  and  so  on.  I  suppose  you 
are  already  sufficiently  advised  by  me  that  I  cannot  agree  to  any  conclusions  which  you  may 
choose  to  draw  from  charts  such  as  you  have  been  sending  me.  Those  charts  are  nearly  all  of 
them  obviously  foolish  on  their  face,  and  the  two  which  I  have  received  this  morning  are,  to  me, 
quite  the  silliest  you  have  sent  out  yet.  They  may  possibly  be  true,  but  it  is  plain  that,  whether 
they  are  or  not,  the  truth  could  not  possibly  have  been  ascertained  by  your  officials  in  the  way 
in  which  they  appear  to  have  presumed  to  ascertain  it. 

Any  order  which  you  have  made  in  respect  to  the  Third  Avenue  System  or  any  part  of  it,  is, 

so  far  as  I  know,  being  obeyed.     If  you  conclude  from  any  charts  that  that  is  not  the  case,  the 

presumption  is  that  the  charts  are  erroneous. 

Yours  truly, 

Receiver. 


Frederick  W.  Whitridge,  Esq.,  May  6th,   1910. 

Receiver. 
Dear  Sir: — 

Please  find  enclosed,  a  copy  of  the  report  I  made  to  Mr.  Maher,  concerning  the  service  on  the  Grand 
Street  Line,   in   answer  to   a   complaint   from   the  Public  Service  Commission. 

On  the  evening  of  April  20th,  when  one  of  the  Public  Service  Commission  checks  was  made,  Mr. 
McDonald  and  myself  watched  the  service,  and  we  both  of  us  remarked  on  the  lightness  of  the  loading. 
The  Post  Office  cars  carried  fairly  heavy  loads,  but  the  Grand  Street  Ferry  and  Grand  Street  Brooklyn 
cars  had  almost  no  people  standing,  so  much  so  that  I  was  very  much  surprised  the  following  morning, 
when  I  saw  that  we  had  a  percentage  of  36.58  cents  per  car  mile. 

On  the  evening  of  May  5th,  Mr.  McDonald  took  a  tally  of  the  number  of  cars  passing  Grand  Street 
at  the  Bowery  for  the  three  hours  between  4:30  and  7:30.  This  tally  shows  that  in  no  fifteen  minutes 
did  less  than  ten  cars  pass  and  that  from  6:00  to  6:30  thirty  cars  passed.  During  the  three  hours  158 
of  our  cars  and  51   Second  Avenue  cars,  making  a  total  of  209  cars,  passed  this  point. 

I  think  this  shows  that  we  cannot  put  on  any  more  service  than  we  have  at  the  present  time. 

Respectfully  yours, 

JAMES  A.  ROOSEVELT, 

General   Superintendent. 


Travis  H.  Whitney,  Esq.,  New  York,  May  6th,  1910. 

Secretary,  Public  Service  Commission, 
Tribune  Building,  154  Nassau  Street, 
New  York  City. 
Dear  Sir: 

We  desire  to  submit  herewith  a  copy  of  a  report  made  by  our  Superintendent  with  respect 
to  the  observations  recently  made  as  to  the  service  upon  our  Grand  Street  Cross.  Town  Line. 

Yours  very  truly, 

EAM/MFT.  General  Manager  Under  Receiver. 

(Enclosure.) 

480 


New  York,  May  5th,  1910. 

"In  regard  to  the  enclosed  complaints  from  the  Public  Service  Commission,  concerning 
Service  on  Grand  Street,  I  beg  to  make  the  following  report: 

During  the  morning  rush  hours,  we  have  already  increased  our  service  by  six  cars.  On 
April  8th  we  were  only  running  44  cars  while  at  the  present  time  we  are  running  50  cars.  This 
increase  in  service  will,  I  think,  materially  help  matters  during  the  morning  rush  hours. 

One  reason  for  the  small  number  of  cars  operated  early  in  April,  was  that  we  were  very 
short  of  motormen.  As  usual,  at  this  time  of  the  year,  a  great  many  men  leave  and  go  to  summer 
roads.  However,  we  have  now  been  able  to  build  up  our  extra  list,  and  we  should  not  experi- 
ence any  more  trouble  from  this  source. 

Concerning  the  evening  rush,  it  is  not  possible  to  do  more  than  we  are  doing  at  the  present 
time.  As  you  are  aware  we  are  restricted  in  the  number  of  cars,  which  we  can  operate  across 
the  Williamsburg  Bridge,  the  number  of  cars  allowed  varying  with  the  demands  for  power,  and 
it  is  hardly  wise  for  us  to  have  over  thirteen  cars  on  the  Bridge  at  any  one  time.  This  includes 
cars  which  are  on  the  Plaza  in  Brooklyn. 

There  is  yet  another  thing  which  limits  the  number  of  cars,  which  can  be  operated  with  ad- 
vantage on  Grand  Street,  namely,  the  traffic  conditions.  As  you  know,  push  carts  are  allowed 
to  stand  on  the  south  side  of  the  street,  between  Christie  and  Ridge  Streets.  This  makes  it 
impossible  for  trucks  to  pull  off  the  east  bound  track,  and  this  reduces  the  speed  of  the  cars  to 
practically  that  of  the  trucks.  Between  West  Broadway  and  Broadway,  conditions  are  not  much 
better,  it  being  necessary  for  a  truck  either  to  pull  up  on  the  sidewalk,  or  on  to  the  opposite  rail 
to  allow  a  car  to  pass. 

During  the  month  of  April,  the  Grand  Street  cars  only  averaged  6.12  miles  per  hour.  As 
this  includes  Sundays  and  nights,  it  is  easily  seen  that  during  the  rush  hours,  the'  speed  is  much 
lower 

Therefore,  taking  into  consideration  the  shortage  of  power  on  the  Williamsburg  Bridge, 
and  the  congested  nature  of  Grand  Street,  I  do  not  think  that  we  could  make  any  material  increase 
in  the  rush  hour  service  on  Grand  Street.  The  more  so,  as  any  increase  in  service  will  ^almost 
correspondingly  decrease  the  speed." 

F.  W.  Whitridge,  Esq.,  New  York,  May  5,   1910. 

Receiver, 
Union  Railway  Company, 
New   York   City. 
Dear  Sir: 

Following  a  resolution  from  the  Board  of  Aldermen,  we  made  investigations  as  to  conditions  at  the 
iSSth  St.  terminal  of  your  lines. 

Our  observations  show  that  in  this  special  case  the  delays  to  passengers  boarding  Pay-as-you-enter 
cars  are  not  caused  by  the  necessity  of  conductors  making  change,  but  by  the  passengers  leaving  the  car  at 
the  forward  end  when  the  car  is  entering  the  terminal. 

This  delays  opening  the  entrance  doors,  making  it  impossible  for  passengers  to  enter  until  all  those 
wishing  to  alight  have  left  the  car. 

It  is  believed  that  if  the  man  who  is  stationed  at  this  point  would  assist  in  this,  by  opening  the  doors 
corresponding  to  the  front  exit  on  the  return  trip,  and  by  announcing  that  the  passengers  should  leave  by 
this  door,  considerable  time  in  some  cases  could  be  saved,  and  the  conductor  could  then  start  collections  as 
soon  as  the  station  was  entered.     Please  reply.  Yours  very  truly, 

TRAVIS  H.  WHITNEY, 
Inv.     J2416;  C — 4606.  Secretary, 

FEF/TG 

481 


New  York,  May  7th,  191  o. 
Mr.  Travis  H.  Whitney, 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City, 
My  dear  Sir: 

I  have  yours  of  the  5th  instant  in  respect  to  a  recent  resolution  of  the  Board  of  Aldermen 
about  Pay-as-you-Enter  cars.  In  your  letter  of  April  13th  you  informed  me  that  "the  inconveni- 
ence to  passengers  was,  as  I  well  knew,  due  to  the  fact  that  the  majority  of  passengers  do  not 
have  the  proper  change,"  and  you  suggested  a  remedy  which,  in  my  opinion,  would  not  be  a 
remedy,  and  which  is  impracticable,  although  I  offered  to  try  it  experimentally. 

In  your  present  letter  you  inform  me  that  you  have  been  making  certain  investigations  and 
observations,  the  result  of  which  shows  that  the  inconvenience  to  passengers  in  the  case  which 
you  observed  and  investigated,  was  not  due  to  the  cause  to  which  you  attributed  it,  in  your 
letter  of  the  13th.  The  remedy  which  you  propose  in  your  letter  of  May  5th  for  the  inconveni- 
ence which  your  observations  and  investigations  had  detected  in  the  case  therein  referred  to, 
would  involve  either  the  employment  of  an  additional  conductor,  which  I  cannot  afford,  or  the 
practical  abolition  of  the  Pay-as-you-enter  feature,  to  which  I  am  unwilling  to  assent. 

I  submit  to  you  and  to  the  Board  of  Aldermen  that  the  real  objection  to  the  Pay-as-you- 
Enter  cars  is  that  people  are  obliged  to  pay  their  fares  before  they  can  enter  the  car. 

Yours  truly. 

Receiver. 

Travis  H.  Whitney,  Esq.,  May  12th,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  New  York  City. 
Dear  Sir: — 

The  suit  of  the  Commission  against  me  for  the  recovery  of  a  penalty  amounting  to  $860,000 
for  an  alleged  disobedience  of  an  order,  having  been  dismissed,  I  feel  bound  to  say  to  the  Com- 
mission, what  I  may  say  about  them. 

I  am  indignant  that  such  a  suit  should  have  been  brought  upon  what  is,  at  the  worst,  the 
merest  technicality,  and  I  cannot  imagine  how  the  Commission  could  fail  to  perceive  that  any 
jury  and  the  public  generally  would  be  certain  to  find — the  circumstances  in  the  case  being  what 
they  were — that  the  action  was,  as  several  of  the  jurors  volunteered  to  say  to  my  counsel,  per- 
fectly ridiculous. 

I  think  it  is  a  possible  explanation  that  the  Commission  is  continually  being  misled  by  its 
inspectors.  It  appeared  on  the  trial,  as  I  previously  suspected,  that  your  inspectors  are  given  a 
roving  commission  to  wander  through  your  jurisdiction  in  search  of  violations  of  laws  and 
regulations,  and  a  system  of  petty  espionage,  is  thus  established  which  I  do  not  think  was  con- 
templated by  the  Statute,  and  which  I  am  sure  the  American  people  will  not  in  the  long  run 
tolerate. 

Whether  as  an  abstract  proposition  it  is  a  good  thing  for  the  public  I  am  not  prepared  to  say, 
but  I  wish  the  members  of  your  Commission  could  get  out  of  their  heads  the  idea  that  the  United 

482 


States  receivers  of  these  roads,  who  are  public  officials  and  as  responsible  as  the  Commissioners 
themselves,  have  any  desire  on  earth  except  to  comply  with  all  the  laws  and  legal  regulations, 
affecting  them,  and  in  every  way  to  accept  anybody's  suggestions  for  the  improvement  of  the 
service.  If  however  the  Commission  persists  in  holding  their  present  views,  I  feel  justified  in 
warning  them  against  giving  their  inspectors  too  much  credence.  You  already  know  that  in  the 
case  of  the  repairs  of  the  42nd  Street  cars  two  years  ago  your  inspectors  reported  to  you  an  ab- 
solute falsehood,  in  the  case  of  the  service  on  the  Southern  Boulevard  they  later  suppressed  the 
obvious  cause  of  the  delays  of  which  they*  complained,  and  they  have  repeatedly  been  guilty 
during  the  past  year  of  the  most  colossal  absurdities  in  their  blue  prints. 

In  the  litigation  just  dismissed,  they  put  your  Chairman  in  the  position  of  making  oath  that 
for  160  days  I  had  disobeyed  your  orders  whereas  their  evidence  showed  only  two  days,  and  I 
hope  that  it  is  the  inspectors  alone  who  are  responsible  for  having  put  the  Commission  in  the 
position  of  collecting  what  they  suppose  to  be  evidence,  keeping  it  secret,  and  bringing  an  action 
against  me  for  an  enormous  and  ruinous  sum  of  money,  without  any  notice  or  warning,  contrary 
to  the  recognized  principles  of  law,  justice,  common  sense  and  good  manners. 

I  may  add  that  I  have  lately  been  having  your  inspectors  inspected,  and  the  results  would 
convince  anybody  that  their  labors  are  generally  of  the  most  trivial  character.  I  enclose  two  or 
three  of  the  reports  on  their  movements,  and  I  regret  that  their  evident  dislike  and  even  terror 
of  your  observers  to  being  observed,  put  the  expense  of  continuing  my  observations  beyond  my 
means. 

I  cannot  but  believe  that  the  Commission  has  been  misled  in  all  of  these  matters,  and  I 
know  that  their  whole  attitude  towards  the  receivers  of  these  properties  is  mistaken.  I  really 
believe  that  the  members  of  the  Commission  can  be  persuaded  to  change  their  mental  attitude, 
as  well  as  the  course  of  their  procedure  in  some  particulars. 

I  should  be  very  happy,  and  I  think  it  would  be  in  the  public  interest,  if  the  Commission 
should  feel  disposed  to  meet  me  for  a  candid  talk  upon  the  whole  subject.  If  they  are  so  dis-* 
posed  I  will  endeavor  to  find  someday  within  a  week  or  ten  days  when  they  together  with  their 
counsel,  their  transportation  engineer,  and  you  yourself,  can  come  and  lunch  or  dine  with  me. 

Yours  very  truly, 
'  Receiver. 

New  York,  1910. 

I  arrived  in  the  vicinity  of  Street  at  6:30  A.  M.,  where  I  joined  Opt. 

who  was  to  designate  Public  Service  Inspector,  to  me. 

At  12:20  P.  M.  Inspector  came,  out,  when  Opt.  designated  him  to  me.    He  proceeded 

to  bootblack  parlor  at  Willett  St.  near  Stanton,  had  his  shoes  polished,  came  out,  entered  Liebermann's  Res- 
taurant, No.  258  E.  Houston  St.,  where  he  had  lunch,  then  proceeded  to  "L"  Station  at  ist  Ave.  and  1st  St., 
boarded  northbound  train,  alighted  at  iiith  Street,  proceeded  through  112th  St.  and  entered  No.  1354  5th 
Ave.,  a  five-story  double  flat,  at  1 140  P.  M. 

I  maintained  surveillance  on  entrance  until  6:10  P.  M.,  when  I  had  to  discontinue  the  watch  for  fifteen 
minutes,  then  returned,  and  continued  watch  until  10:00  P.  M.,  up  to  which  time  I  did  not  see  Inspector 
leave,  and  then  discontinued. 

N. 

New  York,  Tuesday,         1910. 

I  arrived  in  the  vicinity  of  at  5:15  A.  M.     At  7:55  A.  M.  Public  Service  Inspector, 

came  out,  walked  to  cigar  store  on  3rd  Ave.  near  then  went  to  St.  "L" 

Station,  boarded  City  Hall  train  to  Brooklyn  Bridge  and  entered  the  Tribune  Building  at  8:35  A.  M. 

483 


He  came  out  at  9:45  A.  M.,  walked  to  Office  Building  at  No.  299  Broadway,  left  there  at  10:40  A.  M., 
returned  to  the  Tribune  Building,  came  out  by  Spruce  St.  exit  at  12:05  P-  M.,  walked  to  Dennett's  restau- 
rant,  had   lunch,   and   returned   to   the   Tribune    Building,  entering  at  12:30  P.  M. 

He  came  out  again  at  4:40  P.  M.,  by  Spruce  St.  exit,  walked  to  Brooklyn  Bridge,  boarded  Third  Ave. 
"L"  to  St.,  and  entered  his  residence,  at  5  130  P.  M.     As  Inspector  did  not  come  out 

again,  I  discontinued  at  8  P.  M. 

B-i 

New  York  Wednesday,  ,  1910. 

I  arrived  in  the  vicinity  of  at    5  A.   M. 

At  8:15  A.  M.  Public  Service  Inspector,  came  out,  proceeded  to  "L"  Station  at  St., 

boarded  southbound  train,  alighted  at  Warren  St.,  with  latiy  whom  he  met  on  the  train,  and  both  proceeded 
to  the  Tribune  Building,  entering  at  9:05  A.  M. 

At  12:10  P.  M.  Inspector  came  out  with  a  man,  went  to  Dennett's  restaurant  on  Beekman  Street,  had 
lunch,  came  out  and  separated. 

Inspector  went  to  the  Terminal  Building,  No.  50  Church  Street,  took  elevator  to  the  seventh  floor,  en- 
tered Erie  R.  R.  offices,  remained  there  half  an  hour,  came  out  and  met  woman  at  Park  Row  and  Beekman 
St.,  with  whom  he  conversed  for  about  fifteen  minutes,  and  returned  to  the  Tribune  Building,  entering  at  i  -.30 
P.  M. 

At  5 :0S  P.  M.  he  again  left  the  Tribune  Building,  proceeded  to  Dewey's  Wine  House,  No.  138  Fulton 
Street,  came  out  with  a  package,  apparently  a  bottle  of  liquor,  then  proceeded  to  9th  Ave.  "L"  Station  at 
Cortlandt  Street,  boarded  northbound  train  to  Street,  and  entered  his  residence, 

at  5:55  P.  M. 

I  concluded  that  he  was  through  for  the  day  and  then  discontinued. 

B-i 

New  York,  Thursday,  1910. 

I  arrived  in  the  vicinity  of  at  7:00  A.  M.,  and  joined  Opt.  ,  who  designated 

Inspector  to  me  as  he  was  leaving  his  residence,  at  8:00  A.   M. 

He  walked  to  Columbus  Ave.,  boarded  "h"  train  at  St.,  alighted  at  Park  Place,  and 

walked  to  the  Tribune  Building,  entering  at  8:50  A.  M. 

He  came  out  again  at  9:20  A.  M.  with  another  man,  walked  to  Fulton  Street,  entered  Naething's  Res- 
taurant, came  out  at  10:40  A.  M.,  walked  to  Chambers  Street,  entered  Hall  of  Records,  reappeared  at  10:50 
A.  M.,  boarded  3rd  Ave.  Surface  car,  alighted  at  Park  Roav  and  Worth  St.,  entered  saloon,  had  a  drink, 
spoke  a  few  words  to  bartender,  left  an  envelope,  came  out,  boarded  surface  car,  got  off  at  the  Brooklyn 
Bridge,  walked  to  Tribune   Building,  and  entered  at  11:25  A.  M. 

He  came  out  at  11:35  A.  M.,  with  the  same  man,  walked  to  Centre  St.,  to  Criminal  Courts  Building, 
remained  there  about  twenty  minutes,  crossed  the  street  to  saloon  corner  Franklin  and  Centre  Sts.,  had  a 
drink,   and   walked   to   Tribune   Building,   entering   at  12 :30  P.  M. 

I  continued  watch  on  the  Tribune  Building  until  6:30  P.  M.,  but  did  not  see  him  again,  and  then  dis- 
continued. 

.    N. 

New  York,  Friday,       1910. 

At  5  :oo  A.  M.  I  arrived  in  the  vicinity  of  where  I  resumed  watch  for  Public 

Service  Inspector.     At  9:50  A.  M.  he  came  out  of  his  residence,  leading  a  small  dog,  and  walked  to  Morn- 
ingside  Park,  then  returned  to  the  house,  came  out  at  10:10  A.  M.,  walked  to  the  St.   Station 

of  the  6th  Ave.  "L,"  boarded  southbound  train,  alighted  at  Park  Place,  and  proceeded  to  the  Tribune  Build- 
ing, entering  at  10:45  A.  M. 

He  left  there  at  2:05  P.  M.,  and  walked  to  Stewart's  Cafe,  No.  8  Warren  St.,  had  a  drink,  walked  to 
14th  St.  &  8th  Ave.,  entered  the  Knickerbocker  Cafe,  had  another  drink,  came  out,  walked  to  Jane  St.  & 
8th  Ave.,  where  he  met  two  men,  who  appeared  to  be  inspectors.  At  3  :oo  P.  M.,  he  relieved  one  of  the  men, 
and  started  to  check  up  the  cars  and  passengers  passing  this  point.  From  3  :oo  to  6  :oo  P.  M.  Inspector  did 
not  leave  his  post,  but  kept  checking  all  cars  passing  this  point. 

I  discontinued  at  6:00  P.  M. 

N. 

New  York,  Saturday. 

I  arrived  at  5  :oo  A.  M.  in  the  vicinity  of  where  I  resumed  watch  for  Public 

Service  Inspector,  who  left  his  residence  at  8:30  A.  M.,  walked  to  the  St.   Station  of  the  9th 

Ave.  "L",  boarded  southbound  train,  alighted  at  Warren  St.,  and  walked  to  the  Tribune  Building,  which  he 
entered  at  9:10  A.  M.    He  left  there  at  1:05  P.  M.,  and  walked  to  the  Wxjrth  St.  Subway  Station,  where  he 

484 


boarded  northbound  local  train,  alighted  at  the  iioth  St.  Station,  and  proceeded  to  his  residence,  entering 
at  1 :50  P.  M. 

He  remained  in  the  house  all  afternoon,  and  at  4:35  P.  M.,  he  came  out  and  walked  north  on  8th 
Ave.,  east  on  125th  St.  to  3rd  Ave.  then  south  on  3rd  Ave.  to  Ii6th  St.,  west  to  8th  Ave.,  south  to  iioth 
St.,  to  Manhattan  Ave.,  to  his   residence,  entering  at  5:55  P.  M. 

During  this  walk  he  did  not  pay  any  attention  to  the  cars  on  the  different  streets  he  passed  through, 
and  did  not  make  any  notes  of  any  kind. 

After  he  returned  to  his  residence  at  6  :oo  P.  M.,  I   discontinued. 


New  York,   May  20,   1910. 
F.  W.  Whitridge,  Esq., 
Receiver,   Union   Railway   Company, 
Third  Avenue  &  130th  Street, 
New  York   City. 

Dear   Sir: — 

Receipt  is  acknowledged  of  the  letter  of  May  12th  from  you  as  receiver  for  the  Federal  Court  of  the 
property  of  the  Union  Railway  Company.  In  your  letter  you  embody  anonymous  charges  against  a  cer- 
tain class  of  employees  of  the  Commission,  who,  under  the  provisions  of  the  Public  Service  Commissions 
Law,  are  public  officers.  Accordingly,  I  am  directed  to  ask  that  you  furnish  the  names  of  the  employees 
to  whom  you  refer  and  also  the  names  and  addresses  of  those  making  the  reports  to  you,  or  that  you  have 
such  persons  call  at  this  office  in  order  that  they  may  identify  the  employees  watched  by  them. 

The  Commission  is  ready  to  deal  summarily  with  any  of  its  employees  who  fail  in  the  performance  of 
their  duties,  but  it  is  impossible  to  take  any  action  upon  anonymous  charges.  At  the  same  time  it  is  unfair 
and  not  straightforward  to  have  an  entire  class  of  public  officers  condemned  without  notice  being  taken  of 
such  charges,  and  I  therefore  ask  that  you  furnish  as  speedily  as  possible  information  showing  the  derelic- 
tion of  employees  of  the  Commission  which  you,  as  an  officer  of  the  Court,  have  secured  through  detectives 
whom  you  say  you  employed. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
THW/EH  •  Secretary. 


New  York,  May  23rd,  1910. 
Travis  H.  Whitney, 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  City, 

My  dear  Sir: 

I  have  this  morning  received  your  letter  of  the  20th  acknowledging  my  letter  of  May  12th. 
Will  you  be  good  enough  to  inform  the  members  of  the  Public  Service  Commission  that,  after 
they  have  accepted  my  invitation  to  dinner  or  have  otherwise  purged  themselves  of  their  ninth 
unsuccessful  suit  against  me,  I  shall  be  happy  to  continue  our  correspondence,  but  until  then  I 
have  nothing  further  to  say,  unless  I  am  again  wantonly  attacked.  • 

I  was,  I  confess,  for  the  moment  indignant  at  this  ninth  suit,  but  I  really  hope  the  members 
of  the  Commission  will  accept  my  invitation  to  dine.  If  they  like,  I  will  invite  the  leading  editors 
to  join  us  and  the  conversation  shall  be  frank  and  free. 

In  the  meantime,  while  I  sympathize  with  the  desire  of  the  Commission  to  deal  summarily 
with  somebody,  I  am  unwilling  to  vex  them  with  the  names  of  their  inspectors  whose  movements 
I  inspected,  and  who  are  guilty  of  nothing  but  leading  a  life  of  comparative  leisure  and  taking 
a  drink  before  entering  or  after  leaving  the  Presence  in  .the  Tribune  Building,  until  I  have  heard 
how  the  Commission  has  dealt  with  the  inspectors  who  reported  to  them  the  thing  that  was  not  in 
respect  to  the  42nd  Street  cars,  which  I  called  to  their  attention  two  years  ago,  and  with  the 

485 


inspectors  who  complained  of  the  service  on  the  Southern  Boulevard  without  mentioning  that 
an  open  bridge  prevented  the  cars  from  running  over  it,  and  that  the  loads  of  building  materials 
on  the  track  prevented  the  cars  from  using  it,  which  I  called  to  their  attention  more  than  a  year 
ago.  Yours  truly, 

Receiver. 

N. 

Frederick  W.   Whitridge,   Esq.,  May   17,   1910. 

Receiver,  Third  Avenue  Railroad  Company, 
130th  Street  &  Third  Ave.,  Manhattan. 
Dear   Sir : — 

Your  letter  of  April  13th,  requesting  blueprints  and  information  possessed  by  this  Commission  in  re- 
gard to  sub-surface  structures,  including  pipe  lines,  duct  lines,  subways,  etc.,  showing  their  relation  to  the 
tracks  of  the  various  companies  operated  by  you,  has  been  received. 

I  am  authorized  to  state  that  whatever  data  the  Commission  may  have  has  been  collected  from  the 
original  records  which  are  public  records  in  offices  of  various  city  departments,  and  it  has  been  gathered 
purely  for  information  of  employees  of  the  Commission  in  the  preparation  of  plans  for  subways.  It  has 
not  been  the  practice  to  furnish  this  data,  but  to  refer  persons  inquiring  for  it  to  the  sources  from  which 
it  is  obtained  and  I  understand  that  Chief  Engineer  Seaman  has  already  written  to  one  of  your  assistants 
concerning  these  sources. 

Very  truly   yours, 
THW/EH  TRAVIS  H.   WHITNEY, 

Secretary. 


Travis  H.  Whitney,  Esq.,  Secretary,  •  New  York,  May  18,  1910. 

Public  Service  Commission, 

150  Nassau  St.,  N.  Y.  City. 
My  Dear  Sir: — 

I  have  yours  of  the  17th,  informing  me  that  my  request  for  blueprints  possessed  by  the  Com- 
mission in  regard  to  sub-surface  structures  in  relation  to  the  tracks  of  the  Company  operated 
by  me,  cannot  be  furnished,  and  it  is  not  the  practice  of  the  Commission  to  furnish  data,  which  as 
in  this  case  has  been  collected  pureJy  for  information  of  the  employees  of  the  Commission. 

I  hope  on  consideration  you  will  change  your  practice  in  this  particular.  I  should  suppose 
that  if  the  Commission  has  collected  any  information,  which  is  of  value  and  which  may  be  of 
value  to  anybody,  they  would  be  only  too  happy  to  give  that  information  to  anybody  affected  by 
it,  who  may  request  it,  if  they  are  willing  to  pay  the  expense  of  extra  copies.  In  case  the  Com- 
mission should  reconsider  this  point,  I  should  be  happy  to  be  informed  thereof. 

Yours  very  truly, 

Receiver. 


Frederick  W.  Whitridge,  Esq.,  New  York,  May  20,   1910. 

Receiver,    Third    Avenue    Railroad    Company, 
Third  Ave.  &  130th  Street,  New  York. 
Dear  Sir: — 

In  reply  to  your  letter  of  May   i8th  relative  to  blueprints  of  sub-surface  structures  in  streets  where 
your  company  own  tracks,  the  Commission  did  not  deem  it  advisable  to  change  its  point  of  view. 

Very  truly  yours, 

TRAVIS  H.  WHITNEY, 
EH  Secretary. 

486 


New   York,   May   17,   1910. 
Frederick  W.   Whitridge,  Esq., 

Receiver,  Third  Avenue  Railroad   Co., 
Third  Avenue  and  130th   Street, 
New  York  City. 

Dear  Sir: 

Referring  to  the  report  from  your  Claim  Agent,  Mr.  Yenson,  of  an  accident  resulting  in  the  death  of 
Louis  Marks  on  May  2nd  on  the  Bowery  between  Canal  and  Hester  Streets,  will  you  please  advise  the 
Commission   what   discipline,   if  any,   was  administered  to  Motorman  Herbert. 

Yours  very  truly, 

TRAVIS  H.   WHITNEY, 
LPB/CWT  Secretary. 


New  York,  May  i8th,  1910. 
Travis  H.  Whitney,  Esq.,  Secretary, 

Public   Service   Commission, 

150  Nassau  St.,  N.  Y.  City. 

Dear  Sir: — 

I  have  yours  of  the  17th,  asking  what  discipline,  if  any,  was  administered  to  Mortorman 

Herbert,  because  of  the  death  of  Louis   Marks  on  May  2nd  in  consequence  of  an  accident. 

In  reply  I  desire  to  say  that  our  investigation  showed  that  the  mortorman  was  not  responsible  for 

the  accident  and  therefore  no  discipline  was  administered  to  him. 

Yours  very  truly, 

Receiver. 


New  York,  May   17,   1910. 
Frederick  W.  Whitridge,   Esq., 
Receiver  Dry  Dock,  East  Broadway  and  Battery  Railroad  Company, 
130th    Street  and  Third   Avenue, 
New  York,  N.  Y. 

Dear  Sir: 

Transmitted  herewith,  and  hereby  served  upon  you,  is  a  certified  copy  of  an  Order  in  Case  No.  1178, 
adopted  by  the  Commission  at  its  meeting  on  May  17,  1910,  discontinuing  the  proceeding  in  regard  to  the 
tracks  of  the  Dry  Dock,  East  Broadway  and   Battery  Railroad  Company  on  North  Moore  Street. 

In  connection  with  your  acknowledgment  hereof,  I  beg  to  call  your  attention  to  the  provisions  of  Sec- 
tion 23  of  the  Public  Service  Commissions  Law. 

Yours  very  truly, 

TRAVIS  H.   WHITNEY, 
.THG/WFR  Secretary. 

Enc. 


487 


At    a   meeting   of   the    Public    Service   Commission    for   the    First   District,   duly 
held  at  its  office,   No.   154   Nassau   Street,   in  the  Borough  of   Manhattan, 
City  and  State  of   New  York,  on  the  17th  day  of  May,  1910. 
Present : 

William  R.  Willcox, 

Chairman ; 
William  McCarroll, 
Edward  M.  Bassett, 
Milo  R.  Maltbie, 
John  E.  Eustis. 

WILSON  &  TOWNE  PAPER  COMPANY,  et  al, 

Complainants, 

^^^^"^^  [  Case  No.  1178. 

THE  DRY  DOCK,  EAST  BROADWAY  AND  BATTERY  RAILROAD  COM-  \      Discontinuance 
PANY,  and  FREDERICK  W.  WHITRIDGE,  its  Receiver,  f  Order. 

Defendants. 
"Tracks  on  North  Moore  Street  between  West  Bf'^adway  and  Washington  Street." 


An  Order  having  been  duly  made  by  the  Commission  on  November  23,  1909,  directing  the  Dry  Dock, 
East  Broadway  and  Battery  Railroad  Company,  and  Frederick  W.  Whitridge,  its  Receiver,  to  satisfy  the 
complaint  in  the  above  entitled  matter  or  answer  the  charges  set  forth  in  said  complaint,  and  the  said  Re- 
ceiver having  made  answers  thereto,  dated  November  26th,  and  December  2d,  1909,  and  it  now  appearing 
that  the  matters  complained  of  have  been  satisfied,  it  is 

ORDERED,   That   the   above   entitled   proceeding  be,  and  the  same  hereby  is,  discontinued. 

New  York,  May  i8th,  1910. 
Travis  H.  Whitney,  Esq.,  Secretary, 

Public  Service  Commission, 

154  Nassau  Street,  N.  Y.  City. 

Dear  Sir: 

I  have  yours  of  the  17th  enclosing  to  me  certified  copy  of  an  order,  directing  the  discontinu- 
ance of  certain  proceedings  in  regard  to  the  tracks  of  the  Dry  Dock,  East  Broadway  &  Battery 
Railroad  on  North  Moore  Street,  for  which  I  am  obliged. 

Yours  very  truly, 

Receiver. 


Frederick  W.  Whitridge,  Esq.,  New  York,  May  24,   1910. 

Receiver,  Third  Avenue  Railroad  Co., 
Third  Avenue  and  130th  Street, 
New  York  City. 
Dear  Sir: 

Relative  to  accident  to  Edward   Schroeder,   May  4th,  9:05  A.  M. 

Investigation  shows  that  while  this  man  was  attempting  to  cross  Manhattan  Street  he  stepped  in  front 
of  an  eastbound  125th  Street  Crosstown  car,  the  motorman  of  which  stopped  when  he  saw  the  man  on  the 
track.  The  man  stepped  back  and  was  struck  by  the  front  grab  handle  of  westbound  car  and  thrown  to 
the  track  in  between  the  two  cars.  Had  the  motorman  of  the  westbound  car  showed  the  same '  care  and 
intelligence  as  the  motorman  of  the  eastbound  car  did  and  had  brought  his  car  to  a  stop,  the  life  of  the 
man  could  have  been  saved.  Although  from  investigation  the  motorman  of  the  westbound  car  says  he  did 
not  see  the  man  in  front  of  the  car  and  did  not  know  there  had  been  an  accident,  it  does  not  seem  plausible 
inasmuch  as  the  accident  occurred  at  9:05  A.  M.  or  in  bruad  daylight. 

488 


Motormen   should  be   instructed   to   bring   their   cars  to  a  stop  when  there  is  danger  to  life,  and  I  be- 
lieve that  this  is  one  of  the  rules  of  your  company. 

Will  you  please  advise  the   Commission   if   there  was  any  discipline  administered  in  this  particular  case. 

Yours  very  truly, 

TRAVIS  H.   WHITNEY, 
WJW/CWT  Secretary. 


New  York,  May  25th,  1910. 
Travis  H.  Whitney,  Esq., 

Secretary,  Public  Service  Commission, 

New  York  City. 
Dear  Sir: 

I  have  yours  of  the  24th  giving  me  the  result  of  your  investigation  in  the  case  of  Edward 
Schroeder,  who  was  killed  on  May  4th,  and  also  your  reflections  on  the  result  of  such  investiga- 
tion. 

I  note  that  you  are  of  the  opinion  that  motormen  should  be  instructed  to  bring  their  cars  to  a 
stop  when  there  is  a  danger  to  life;  a  proposition  which  I  cordially  assent  to. 

In  further  reply  to  your  request  for  information,  I  have  to  say  that  the  mortorman  was  sus- 
pended and  subsequently  resigned  from  the  service  of  the  Company. 

Yours  truly, 

Receiver, 


•  May   23,    1910. 

Hoadley,  Lauterbach  &  Johnson, 

22   William   St.,   New   York   City. 
Public   Service   Commission, 

154  Nassau   Street,  City. 

Gentlemen : 

I  desire  to  call  your  attention  to  what  I  feel  is  a  just  cause  for  complaint  against  the  Union  Railway 
Company  in  the  operation  of  its  Westchester  Avenue  line  between  128th  Street  and  Westchester  Village. 
This  line  within  the  past  few  days  has  put  into  operation  open  cars  running  from  150th  Street  and  Third 
Avenue  to  Clason  Point.  They  have  been  particularly  careful  to  run  practically  all  of  the  open  cars  to 
Clason  Point  regardless  of  the  benefit  to  those  living  in  Unionport  and  Westchester  Village  who  also 
enjoy  the  benefit  of  a  ride  in  the  open  cars.  Saturday  evening  I  desired  to  take  an  open  car  from  West- 
chester Avenue  and  Southern  Boulevard  to  the  street  where  I  live  in  Unionport,  being  Doris  Street,  and 
feeling  that  I  would  like  to  smoke  a  cigar  I  waited  for  an  open  car  going  through  Westchester  Avenue. 
I  waited  for  fully  fifteen  cars,  and  while  there  were  numerous  open  cars  the  company  ran  them  all  to 
Clason  Point  and  absolutely  none  into  Unionport  and  Westchester  Village.  I  do  not  think  this  fair  to 
the  public  and  I  therefore  call  it  to  your  attention.  The  excuse  given  me  by  an  inspector  was  that  they 
could  not  make  the  turn  at  150th  St.  and  Third  Avenue  with  open  cars.  This,  however,  is  no  excuse  for 
not  running  at  least  a  few  open  cars  to  Westchester  Village.  I  know  last  year  the  open  cars  were  run 
frequently  and  there  is  no  reason  why  we  should  not  have  the  same  accommodation  this  year.  It  is  unfair 
that  the  Union  Railway  Co.   should  favor  Clason  Point  and  exclude  the  main  line. 

Trusting  that  you  will  give  this  matter  your  attention  and  let  the  residents  of  Unionport  and  West- 
chester   Village    have    relief    as    above    mentioned,    I  am, 

Yours  very  truly, 

(Signed)     GEO.  T.  VAN  VALKENBURGH. 
489 


Mr.  George  T.  Van  Valkenburgh,  New  York,  May  27th,  1910. 

C/o  Hoadley,  Lauterbach  &  Johnson, 
22  William  Street,  City. 
Dear  Sir: 

I  send  you  herewith  copy  of  my  letter  to  the  Public  Service  Commission  in  respect  to  your 
complaint. 

Yours  truly, 

Enclosure :  Receiver. 

Travis  H.  Whitney,  Esq.,  New  York,  May  27th,  1910. 

Secretary,  Public  Service  Commission, 
154  Nassau  Street,  City. 

My  dear  Sir: 

Referring  to  your  letter  of  the  24th. in  respect  to  the  complaint  of  Mr.  George  T.  Van 
Valkenburgh,  I  beg  to  say  that  I  very  much  regret  that  he  was  unable  to  find  an  open  car  going 
to  Unionport  on  the  Saturday  evening  to  which  he  refers.  During  the  Commission  hours  we 
are  now  operating  eight  open  cars  upon  the  Westchester  Avenue  line  from  150th  Street  and 
Westchester  Avenue  to  the  terminus  of  Westchester  Village.  All  the  open  cars  are  not  yet  in 
repair.  It  is  our.  intention  to  have  them  all  in  service  by  Decoration  Day.  We  have  been 
thoroughly  overhauling  them  and  placing  them  in  service  as  fast  as  they  are  turned  out  of  the 
shops,  distributing  them  proportionately  on  the  various  lines. 

I  am  sorry  that  more  open  cars  went  to  Clason  Point  than  to  Unionport,  but  that  is  because 
more  people  wanted  to  go  to  Clason  Point  than  to  Unionport,  and  I  hope  that  by  Tuesday  next, 
when  repairs  on  all  these  cars  are  completed,  Mr.  Van  Valkenburgh  will  not  be  further  incon- 
venienced. Yours  truly, 

Copy  to  Mr.  Van  Valkenburgh.  Receiver. 

Frederick  W.  Whitridge,  Esq.,  Receiver,  May  28,  1910, 

Third  Avenue  Railroad, 

42nd  St.,  Manh.  &  St  Nicholas  Ave.  Ry., 
2396  Third  Avenue, 
New  York  City. 
Dear  Sir: 

The  annual  report  filed  by  you  as  Receiver  of  the  42nd  St.,  Manhattanville  &  St.  Nicholas  Avenue 
Railway  shows  charged  to  additions  to  equipments,  $350,365.50  for  75  P-A-Y-E  cars.  It  appears  that 
the  same  cars  are  included  in  the  additions  to  equipment  of  the  Third  Avenue  Railroad  as  reported  by 
you.     If  we  are  mistaken  about  this  duplication  of  assets,   will   you  kindly   set  us   right? 

We  note  also  that  among  the  charges  to  road  and  equipment  of  the  Third  Avenue  Railroad  is  the 
item  $158,281.89,  "Union  sub-station  No.  2  and  connections,"  which  we  understand  is  a  sub-station  of 
the  Union  Railway,  of  which  also  you  are  the  Receiver.  Will  you  kindly  furnish  us  with  a  statement 
showing  how  much  of  the  charges  to  road  and  equipment  reported  by  you  as  Receiver  of  the  Third  Avenue 
Railroad  is  applicable  to  the  other  roads  and  will  be  or  should  be  charged  to  them,  giving  the  items  for 
each  road?  If,  since  the  filing  of  the  report,  any  such  items  have  been  charged  to  or  paid  by  the  other 
roads,  will  you  kindly  give  the  dates  upon  which  this  took  place? 

Very  truly  yours, 

TRAVIS  H.   WHITNEY, 
AEW/LER  Secretary. 

490 


New  York,  June  ist,  1910. 
Mr.  Travis  H.  Whitney, 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  City. 

Dear  Sir: 

Referring  to*  yours  of  the  28th  instant,  I  beg  to  say  the  facts  are  as  follows : 

The  $350,365.50  for  75  P.  A.  Y.  E.  cars  was  vouchered  and  put  on  the  books  of  the  42nd 
Street,  Manhattanville  &  St.  Nicholas  Ave.  Railway  Company  in  June,  1909 — but  did  not  get  on 
the  books  of  the  Third  Avenue  Railroad  until  the  voucher  was  paid  July  Qth,  1909.  As  the  title 
did  not  pass  until  the  latter  date,  possibly  the  item  should  be  eliminated  from  the  report  of  the 
42nd  Street,  Manhattanville  &  St.  Nicholas  Ave.  Railway  Company  for  the  year  ending  June 
30th,  1909,  and  transferred  to  that  for  the  year  ending  June  30th,  1910. 

I  can  hardly  think,  however,  that  your  Commission  could  have  been  misled  by  this  matter, 
as  I  understand  some  representative  from  your  office  was  here  and  knew  what  the  fact  was. 
These  apparent  difficulties,  if  you  ignore  the  information  which  your  agents  obtain  from  this 
office,  are  most  embarrassing,  but  they  are  almost  a  necessary  consequence  of  what  seems  to  me 
the  senseless  duplication  of  accounts  in  organization  by  reason  of  so  much  of  the  property  of 
this  concern  being  lodged  in  different  companies.  If  your  Honorable  Body  would  assist  or  per- 
mit the  Bondholders  to  carry  through  some  sort  of  reorganization,  I  have  no  doubt  that  the 
new  Company  would  find  a  way  to  eliminate  a  great  deal  of  this  duplication  of  accounts. 

In  respect  to  "Union  Sub-station  No.  2  and  connections — $158,281.89" — the  facts  are  that 
the  land  for  this  sub-station  was  purchased  and  the  building  and  improvements  made  by  the 
Receiver  of  the  Third  Avenue  Railroad  from  the  proceeds  of  loans  and  Receiver's  Certificates, 
and  the  title  was  held  temporarily  by  a  Realty  Company  for  the  Third  Avenue  Railroad.  The 
Union  Railway  has,  during  the  past  three  months,  purchased  this  property  from  the  Third  Ave- 
nue Railroad — has  just  completed  making  the  payments — the  title  has  been  transferred  and  the 
transaction  will  be  reported  in  the  reports  of  the  Third  Avenue  Railroad  and  the  Union  Railway 
for  the  year  ending  June  30th,   1910. 

There  are  no  other  items  now  known  which  have  been  charged  to  or  paid  for  by  the  other 
roads,  although  the  following  amounts  will  be  transferred  before  the  close  of  the  year. 
Page  28  of  the  report — lines  27,  28,  29,  Account  of  the  42nd  St.  Man.  &  St.  Nich. 

Ave.  Ry $5,i55-8o 

Page  28 — 14th  St.  &  Avenue  B 312.87 

Gran,  Corlears  &  Monroe  Sts 502.80 

177  Manhattan  Street .80 

177  Manhattan   Street 150.00 

Yours  very  truly, 

Receiver. 


491 


STATE  OF  NEW  YORK  > 

PUBLIC  SERVICE  COMMISSION, 
154   Nassau   Street. 
Frederick  W.   Whitridge,   Esq.,   Receiver,  New   York,   June  4,    1910. 

42nd   St.,   Man.   &   St.   Nich.   Ave.   Ry., 

2396   Third   Avenue,   New  York   City. 
Dear  Sir: 

Upon  authority  of  your  communication  of  the  1st  inst.  the  item  of  $350,365.50  for  75  P-A-Y-E  cars 
has  been  eliminated  from  the  annual  report  of  the  42nd  St.,  Manhattanville  &  St.  Nicholas  Avenue  Rail- 
way  Co.      Kindly   note   the    following   resultant   changes   in   your   copy   of   the   report: 

Pasre  25,  line  46,  cols,  (c)    and  (g),  eliminate 309,850.00 

"       "      "     47,     "       "       "      "  "       141.115.50 

"      "      "    57,  col.    (c),  eliminate .350,365.50 

"      *'       "     "      "       ig)    change- 409.850.58  to  59,485.08 

Page  86,  line  25,  eliminate  entire  entry 
' 38,  change  883,390.29  to  33,024.79 

Page  23,  line  24,  cols,  (c)  and  (d),  change 409,850.58  to    59,485.08 

'  30,  col.  (c)  "    890,532.18  "540,160.68 

"   *'   "  30,  "   fd)  "    477,479.31  "  127,113.S1 

"      "      '*    44,    "       (c)  "        883,390.29    *'    33,034.79 

"      "       "     44,    "       (d),  eliminate 826,770.09 

"      "      "    44,    "      (e),  insert 28,595.41 

"      '•       "     60,    "       (c),  'Change 890.532.18    "540,166.68 

"      "       "     60,    "       (d).         "      477,479.31    "137,113.81 

Page  28,  lines  16,  17,  18,  eliminate  entire  entry 
Page  27,  eliminate  note. 

The  reports  did  not  contain  any  explanation  of  this  duplication  of  $350,365.50  of  assets.  This  is 
another  instance  of  your  failure  to  make  your  accounts  reflect  the  actual  business  that  you  carry  on. 
Upon  your  theory  that  only  cash  transactions  are  to  be  recorded  in  your  accounts  (which  theory,  however, 
was  not  followed  in  entering  the  $350,365.50  among  the  assets  of  the  42nd  St.,  Manhattanville  &  St. 
Nicholas  Avenue  Railway),  you  have  been  reporting  since  July  ist,  1909,  revenues  considerably  below 
-actual  revenues,  inasmrch  as  you  took  no  account  of  power  sold  to  the  Westchester  and  Yonkers  railways 
during  the  last  six  months  of  1909.  It  also  appears  that  the  Receiver  of  the  Yonkers  railroad  is  charging 
to  his  expense  account  rent  for  the  use  of  track  on  Broadway  under  an  arrangement  with  you  as  Re- 
ceiver of  the  Union  Railway  Company,  but  no  hint  of  any  such  arrangement  involving  additions  to  the 
income  of  the  latter  company  is  found  in  your  reports. 

Very  truly  yours, 
APW/LER  (Signed)    WILLIAM  J.  NORTON, 

Assistant   &   Acting   Secretary. 

Public  Service  Commission,  New  York,  June  6th,  1910. 

154  Nassau  Street, 
New  York  City. 
Dear  Sirs: 

I  have  your  letter  of  June  4th  in  which  you  permit  yourselves  to  say  that  "This  is  another 
instance  of  your  failure  to  make  your  accounts  reflect  the  actual  business  carried  on."  This  is 
very  distressing,  but  I  content  myself  with  a  denial  of  the  statement. 

In  the  matter  of  charges  for  power  against  the  Westchester  and  Yonkers  Companies,  it  is 
true  that  last  year  I  did  not  credit  them  with  payments  for  power  because  I  was  doubtful  whether 
I  would  receive  the  money.  When  it  came  in,  it  was  charged  to  the  credit  of  Profit  &  Loss. 
This  year  I  find  that  they  can  pay,  and  their  payments  are  credited  month  by  month  as  the 
power  is  furnished. 

In  respect  to  the  rental  with  the  Yonkers  Railway,  perhaps  you  will  tell  me  whether  your 

grievance  is,  that  Mr.  Sutherland  charges  himself  with  a  rental  which  he  does  not  pay,  or  that 

I  fail  to  credit  myself  with  a  rental  I  do  not  receive. 

Yours  truly,     . 

Receiver. 
492 


June  3rd,  1910. 
James  N.  Wallace,  Esq., 

New  York. 
Dear  Mr.  Wallace: 

Referring  to  Mr.  letter  to  you  of  the  ist  instant,  protesting  against  the  animosity 

being  engendered  between  the  Public  Service  Commission  and  myself  as  Receiver  of  the  Third 
Avenue  Railroad  system,  I  beg  to  say  that  my  own  feeling  about  the  members  of  the  Public 
Service  Commission  is  entirely  impersonal,  and  that  I  do  not  consider  that  I  am  responsible  for 
any  animosity  that  they  may  cherish  towards  me  or  anybody  else. 

There  are  about  four  thousand  printed  pages  of  correspondence  between  the  Commission 
and  myself,  and  with  the  exception  of  two  short  letters,  there  is  not  a  line  in  the  whole  four 
thousand  pages  from  me  except  by  way  of  reply  to  some  order  or  communication  from  the 
Commission. 

The  Commission  has  brought  nine  suits  against  me,  each  of  which,  in  my  judgment  as  a 
lawyer,  was  without  reasonable  foundation.  All  of  them  have  been  dismissed  or  decided  in  my 
favor,  and  the  Commission  now  appears  to  have  entirely  lost  its  temper  over  its  defeat,  and  has 
begun  to  be  merely  personally  abusive. 

I  think  Mr. should  consider  these  matters,  and  I  have  only  to  say  that  on  the  slight- 
est intimation  from  you,  or  from  any  considerable  number  of  bondholders  that  my  services  are 
imperilling  their  property,  I  shall  be  only  too  happy  to  retire. 

And  having  said  that,  Mr.  will  pardon  me  for  saying  that  his  letter  seems  to  me  to 

be  an  excellent  instance  of  that  pusillanimity  of  the  American  people,  and  of  capitalists  in  par- 
ticular, which  causes  them  to  bow  before  all  public  officials,  and  to  be  willing  to  submit  to 
almost  anything  from  them.  This  unwillingness  on  the  part  of  the  people — and  particularly 
of  corporations — to  stand  up  for  their  rights  has,  for  years,  seemed  to  me  to  be  one  of  the 
causes  why  this  country  has  to  submit  to  so  much  bad  government. 

In  this  case  the  Commission  seems  to  share  the  widespread  notion,  engendered  by  poli- 
ticians and  newspapers,  that  corporations  and  everybody  connected  with  them,  are  neither  law- 
abiding,  truthful  nor  honest.  That,  in  some  cases,  may  be  true.  It  is  not  true  of  me.  And 
I  find  the  state  of  mind  of  the  Public  Commission  toward  most  of  the  things  with  which  they 
have  to  deal  in  this  district,  to  be  stupid  and  insolent. 

I  long  ago  made  up  my  mind  that,  so  far  as  I  was  concerned,  it  was  my  duty  as  a  citizen 
to  uphold  my  own  interests,  and  anybody  else's  interests  entrusted  to  me,  against  any  sort  of 
governmental  aggression  or  incompetency,  and  that  it  was  my  duty  to  treat  every  official  as  his 
character  required  that  he  should  be  treated — and  not  otherwise.  That  course  I  intended  to 
continue  to  pursue.  I  think  in  the  long  run  that  it  will  be  found  beneficial  to  the  interests  en- 
trusted to  me.     But  if  anybody  thinks  otherwise,  I  shall,  as  I  say,  be  only  too  happy  to  retire 

from  the  position  I  now  hold. 

Yours  verv  truly, 

F.  W.  WHITRIDGE. 

Receiver. 


493 


PUBLIC    SERVICE    COMMISSION. 

154   Nassau   St. 

New   York,  July   7th,    1910. 
Mr.   Frederick  W.   Whitridge, 
Receiver,   3rd  Ave.    R   R   Co., 

130th  St.   &  Third  Avenue,  3rd  &  Amsterdam  Ave.   Line- 

New  York  City.  Sunday  Service. 

Dear  Sir: 

An  observation  was  made  of  the  service  on  this  line  on  Sunday.  June  26th,  from  2  to  10  P.  M.  at 
8th  Ave.  and  125th  St.  and  at  162nd  St.  and  Amsterdam  Ave.  in  both  directions.  At  Fort  George  (195th 
St.)  the  southbound  traffic  was  observed.  I  enclose  herewith  tabulations  showing  the  result  of  the  observa- 
tions. 

At  125th  St.  westbound  (north).  You  will  observe  that  at  this  point  overloading  existed  from  the 
start  until  5  o'clock,  and  then  again  from  8  to  9  o'clock.  The  average  condition  of  loading  per  car  for 
the  entire  observation  period  was  three  standing.  The  largest  number  of  cars  in  any  one  period  was  20, 
and  the  smallest  10.  The  total  number  of  cars  observed  in  this  direction  was  422,  of  which  51  were  des- 
tined  for  Fort  George,  the  west  terminal  of  the  125th  St.  Crosstown  Line. 

Cars  of  the  3rd  Ave.  &  Amsterdam  Ave.  Line  were  observed  running  to  this  destination,  which  ap- 
pears to  be  good  practice,  provided  it  is  not  done  at  the  expense  of  the  Amsterdam  Ave.  service.  Although 
the  Fort  Lee  cars  are  included  in  the  tabulations  (Sheets  i  and  2),  of  the  3rd  &  Amsterdam  Ave.  Line, 
still  there  are  26  violations  of  the  Commission's  order,  of  which  4  may  be  considered  technical. 

Basthound,  The  total  number  of  cars  was  403,  and  the  average  condition  of  loading  per  car,  93%. 
This    direction    shows    19   violations,    including   one   which  may  be  considered  technical.     (See  Sheets  3  &  4.) 

At  162nd  St.,  northbound,  375  cars  were  observed.  The  average  condition  of  loading  per  car  being  3 
standing.      The  violations  amount  to  24,  one  of  which  may  be  considered  technical.     (See  sheets  5  and  6.) 

Southbound,  the  total  number  of  cars  was  360;  the  average  condition  of  loading  per  car  84%.  There 
were  20  violations,  including  one  technical.      (See   Sheet  7.) 

At  Fort  George  (195th  St.)  the  northern  terminal  of  the  line,  there  were  359  cars,  average  condition 
of  loading  per  car  being  72%;  16  violations  noted.     (See  sheet  8.) 

For  the  three  points  at  which  observations  were  made,  the  total  number  of  violations  is  105,  including 
7  which  may  be  considered  technical. 

Prom  Manhattan  St.  (126th  St.)  to  162nd  St.  there  are  operated  on  Amsterdam  Ave.,  cars  of  the  fol- 
lowing three  lines;  3rd  &  Amsterdam  Ave.,  Kingsbridge,  and  loth  Ave.  branch,  the  combined  service  being 
tabulated  together.  The  northbound  direction  is  shown  on  Sheets  o  and  b;  southbound  on  sheets  c  and  d. 
Even  considering  this  combined  service  given  on  Amsterdam  Ave.  by  the  three  lines  as  that  of  one  line,  it 
does  not  provide  the  service  called  for  by  the  Commission's  order  covering  the  3rd  and  Amsterdam  Ave. 
line  as  the  tabulations  of  the  combined  service  show  northbound  18  violations  and  southbound  19. 

It  would   appear   from   these   figures   that  the   service  orders  of  the  Commission  were  disregarded. 

It  was  also  noted  during  the  observation  that  94  cars  southbound,  and  93  northbound  maximum  per 
hour  were  noted  as  being  operated  over  the  heavy  grade  on  Amsterdam  Avenue. 

Final  order  in  Case  424,  effective  since  May  i,  1908,  and  continuing  in  force  until  otherwise  ordered, 
calls  for  a  sufficient  number  of  cars  in  each  direction  past  any  point  during  every  15-minute  period  to 
provide  a  number  of  seats  at  least  10%  in  excess  of  the  number  of  passengers,  or  25  cars  per  15-minute 
period. 

Will  you  please  advise  the  Commission  why  the  Order  is  not  being  observed? 

Very  truly  yours, 

(Signed)     TRAVIS   H.   WHITNEY, 

Secretary. 


494 


PUBLIC   SERVICE  COMMISSION  FOR  THE  FIRST   DISTRICT. 

Bureau  of   Transit  Inspection. 
Line — 3rd    Ave.    &   Amsterdam    Ave.  June    26th,    1910. 


Sheets  Nos.   i   and  2. 


Location  of  Observer — 125th   Street  &  8th  Ave. 
Computer  H.  C.  L.  Chedced  by  C.  A.  H.— F. 

2:10   P.   M.    Sunday. 


Bound — West. 
A.    L.  Investigation   No.   2830 


0   . 

^» 

^ 

^ 

"c 

Oh 

'^^ 

be 

a 

1.. 

•50 

aw 

1  fi 

0  § 

Time. 

Destination. 

u  & 
e  « 
.0  fi, 

§1 

3§ 
^1 

■s| 

1® 

3 

'ifi 

*o 

^s 

^u. 

^ 

^ 

Eh 

< 

is 

s 

p.  M 

8.00  to  2.15 

Fort  Georffe 

14 

630 

647 

1  8td. 

6 

80 

2.15  "  2.30 

Fort  Lee  Ferry i    19 

675 

678 

Full. 

7 

120 

2.30  "  2.45 

"    !    15 

675 

826 

lOstd. 

9 

160 

2.45  "  3.00 

"    15 

675 

808 

9   " 

9 

160 

8.00  "  8.15 

'           " 

12 

540 

780 

16   " 

9 

190 

8.15  "  8.80 

'           " 

20 

900 

1,058 

8   " 

12 

180 

8.80  "  8.45 

'           " 

18 

810 

948 

7    " 

11 

160 

8.45  "  4.00 

1              n 

13 

585 

895 

24   " 

13 

810 

4.00  "  4.15 

k            tl 

16 

720 

973 

16   " 

13 

280 

4.15  "  4.80 

I                  u 

12 

540 

740 

17   " 

10 

200 

4.80  "  4.45 

t               u 

14 

630 

764 

10    " 

11 

170 

4.45  "  5.00 

(            (t 

1« 

720 

691 

96% 

5 

70 

5.00  "  5.15 

1            ik 

12 

540 

640 

8std. 

7 

100 

5.15  "  5.80 

t            11 

15 

675 

710 

2   " 

5 

80 

6.80  "  5.45 

'             >'     

15 

675 

688 

1    " 

9 

180 

5.45  "  6.00 

i            tk 

14 

680 

576 

91<ib 

4 

46 

6.00  "  6.15 

I                u 

16 

720 

565 

7894 

4 

25 

6.15  "  6.30 

'             "     

14 

680 

593 

94% 

6 

85 

d.80  "  6.45 

'             "     

18 

685 

545 

93% 

5 

60 

6.45  "  7.00 

'             "     

12 

540 

443 

82% 

2 

20 

7.00  "  7.16 

4                      11 

11 

496 

463 

94% 

4 

40 

7.16  "  7.30 

'                      "         

12 

540 

626 

97% 

4 

40 

7.80  "  7.46 

'                      "         

10 

450 

436 

97% 

4 

40 

7.45  "  8.00 

'                      " 

10 

450 

475 

2std. 

4 

70 

8.00  "  8.15 

«                      "         

10 

460 

614 

6    " 

7 

100 

8.15  "  8.80 

'                      •»         

9 

405 

576 

19    " 

8 

180 

8.80  "  8.45 

'                      "         

11 

495 

597 

9    " 

8 

120 

8.45  "  9.00 

•                      "         

12 

540 

611 

6    " 

5 

80 

9.00  "  9.15 

»                      11 

12 

540 

487 

81% 

4 

60 

9.15  "  9.80 

'                      "         

12 

540 

469 

8796 

1 

10 

9.80  "  9.45 

'                      "         

12 

540 

443 

82% 

8 

80 

9.45  "10.00 

I                      It 

10 

450 

306 

68% 

2.00  to  10.00 

Totals. . . . 

482 

18,990 

20,361 

3std. 

206 

8,316 

495 


PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

Bureau  of   Transit   Inspection, 
lyine  3rd  &  Amsterdam  Ave.  June  26,   1910. 

Location   of   Observer — 125th   St.   &  8th   Ave.  Bound  East. 

Computer — C    A    H  Checked    by    H    C    L  Investigation   No.   2830 

2:10   P.   M.    Sunday. 


Sheets  Nos.  3  and 


Time. 


2.00 
2.15 
2.80 
2.46 
3. -00 
8.15 
8.80 
8.45 
4.00 
4.15 
4.80 
4.45 
5.00 
5.15 
5.80 
5.45 
6.00 
6.15 
6.80 
6.45 
7.00 
7.15 
7.80 
7.45 
8.00 
8.15 
8.80 
8.46 
9.00 
9.15 
9.80 
9.46 


to  2. 
"  2. 
"  2. 
"  8. 
"  8. 


2.00  to  10.00 


Destination. 


Post  Office. 
6th  Street. . 
65tii  Street. 


Totals. 


Ot3 

o| 

«  V 

£>  O. 

ao 

s 


9 
12 
11 

8 
15 

9 
16 
16 
14 
15 
19 
16 
18 
10 
12 
18 
15 
11 
11 
18 
15 
15 
15 
12 

9 
18 

9 
18 

0 

6 

8 
11 


403 


3  c8 


405 
540 
495 
360 
675 
405 
720 
720 
680 
675 
855 
720 
810 
450 
640 
585 
675 
495 
495 
810 
676 
675 
675 
540 
405 
585 
405 
585 
405 
270 
360 
495 


18,185 


a*f 


253 

415 
2^ 
860 
450 
351 
450 
504 
389 
560 
491 
609 
717 
692 
589 
586 
817 
786 
651 
828 
720 
595 
755 
485 
620 
556 
394 
530 
655 


16,888 


O  c3 
SO 


70% 
61% 


540/0 
690/0 

4  8td. 

6 
10 

1 


Full. 

7std. 
96% 
lOstd. 
15 
21 
18 

9 

8 
17 

4 
21 
15 


5  « 

!z;0L, 


132 


«  . 

OS 

S3M 


10 
10 


20 

20 

50 

105 

150 

80 

130 

100 

70 

120 

80 

180 

180 

190 

170 


160 
60 
170 
160 


2,825 


496 


COPY. 

PUBLIC   SERVICE  COMMISSION   FOR  THE  FIRST  DISTRICT. 

Bureau  of  Transit  Inspection. 
Line — 3rd  &  Amsterdam   Ave.  June  26th,   1910. 

Location  of   Observer — 162nd   St.   &  Amsterdam  Ave.  Bound — North. 

Computer— E  F  P  Checked  by  F  A  L  Investigation   No.   2830 


Sheets  Nos.  5  and  6. 


Time. 

Destination. 

1, 

■SI 

so 

a 
S5 

0 

0 

u 

0 

B  h 

.:So 

11 
< 

5m 

® 

II 

si 

si 

a 

so  fl 

IS 

p.  M. 
2.00  to  2.15 

10 
11 
13 
11 
13 
15 
15 
17 
14 
13 
10 
14 
14 
10 
14 
11 
14 
15 
12 
10 
10 

9 
10 
10 
10 

4 
10 
10 
12 
13 
11 
10 

450 
495 
585 
495 
585 
675 
675 
•      765 
630 

5a^ 

450 
630 
680 
450 
630 
495 
630 
675 
540 
450 
450 
405 
450 
450 
450 
180 
450 
450 
540 
585 
495 
450 

443 
546 
592 
518 
738 
760 
750 
807 
840 
735 
700 
850 
708 
491 
683 
531 
562 
550 
478 
427 
360 
426 
456 
464 
496 
240 
640 
582 
482 
495 
351 
279 

98% 

5  std. 
Full 

2  std. 

12  " 

6  •' 
5     " 

2  " 

15  " 

13  " 
25    " 

16  " 
5     " 

4  " 
Full 

3  std. 
89% 
81% 
89% 
95% 
80% 

2  std. 
1.    " 
1    '• 

5  •' 
15    " 
19    " 

8    " 
89% 
85% 
71% 
62% 

2 

5 

6 

4 

10 

8 

7 

6 

12 

11 

10 

11 

6 

5 

8 

5 

8 

1 

1 

4 

"s 

5 
3 
2 
4 
10 
6 
8 

20 

2.15   '•  2.30 

60 

2.30  '•  2.45 

70 

2.45  "  8.00 

50 

3.00  "  3.15 

180 

3.15  "  3.30 

130 

8.30  "  3.45 

120 

8.45   "   4.00 

60 

4.00  "  4  15 

210 

4.15  "  4.80 

150 

4.30   "  4.45 

250 

4.45  "  5.00 

220 

5.00  '■  5.15 

100 

5.15   "   5.30 

50 

5.80   "  5.45 

30 

5.45  "  6.00 

90 

6.00   '>   6.15 
6.15   "   6  80 

40 
10 

6.80   "  6.45 

10 

6.45   "  7.00 

40 

7.00   "  7.15 

7.15   "  7.30 

80 

7.30   "  7.45 

55 

7.45  "  8.00 

50 

8.00  "  8.15 

35 

8.15  "  8.30 

60 

8.30  "  8.45 

190 

8.45  "  9  00 

100 

9.00  "  9.15 

40 

9  15   "  9  80 

9  80  "  9.45 

9.46  '-10.00 

6. 00  to  10.00 

Totals 

170 

7,660 

7,238 

950/0 

45 

660 

8.00  to  10.00 

Grand  Totals... 

875 

16,875 

17,875 

8  std. 

156 

2,450 

497 


COPY. 

PUBLIC   SERVICE  COMMISSION   FOR  THE   FIRST   DISTRICT. 

Bureau   of   Transit   Inspection. 
Line — Third  and  Amsterdam  Aves.  June  26th,  igio. 

Location   of   Observer — Amsterdam   Ave.   &   162nd   St.  Bound — North. 

Computer — J  W  G  Checked  by  H  G  L.  Investigation  No.  2830 

(Sunday.) 


Time. 

Destination. 

i 

|l 
II 
1 

0 
S  . 

1 

0 
|£ 

!z;| 
0 

H 

a  ^ 
0  « 

^^ 

5>.a 

SCO 

sg 

5ti 

ai 

a 

P 
IS 

p     u 

2.00  to  5.00 
5.00  "  5.15 

Totals  fwd. . 
65th  Street 

151 
10 
10 
11 
10 
10 
15 
14 
15 
11 
11 
10 
10 
7 
12 
10 
6 
7 
8 
10 
12 

6,795 
450 
450 
495 
460 
450 
675 
680 
675 
495 
495 
450 
450 
815 
540 
450 
270 
315 
860 
450 
540 

2,800 
443 
425 
470 
445 
640 
706 
680 
705 
550 
620 
556 
550 
405 
685 
426 
843 
480 
545 
570 
628 

AV4 
98^ 
94^ 
95^ 

m% 

9std. 
2    " 

4  " 
2    " 

5  " 

11  " 
10   " 
10    " 
l.S    " 

12  " 
95;i- 

12  std. 
24    " 
28    " 
12    " 
7    " 

1 
2 
2 
2 
5 

8 
8 
7 
3 
6 
10 
10 
8 
7 
12 
5 
6 
6 
8 
8 
9 

10 
20 

5.15  "  5.30 

6th  Street 

20 

5.30  "  5.45 

Post  Office 

20 

5.45  '•  6.00 

"         " 

40 

6.00  "  6.15 

90 

6.15  "  6.30 

40 

6.30  "  6.45 
6.45  "  7.00 

''         \[    •>  • 

50 
80 

7.00   "  7.15 

65 

7.15  "  7.30 

125 

7.30  "   7.45 

105 

7.45  "  8.00 

100 

8.00  "  8.15 

90 

8.15  "  8.30 

145 

8.30  "  8.45 

75 

8.45  "  9.00 

100 

9.00  "  9.15 

165 

9.15  "  9.30 

185 

9.30  '.'  9.46 

120 

9.46  "10.00 

110 

5.00  to  10.00 

Totals 

209 

9,405 

10,766 

7  std. 

180 

1,685 

2.00  to  10. 00 

Grand  Totals 

860 

16,200 

18,566 

MH 

181 

1,695 

Sheet  No.  7. 


COPY. 

PUBLIC   SERVICE  COMMISSION  FOR  THE  FIRST   DISTRICT. 

Bureau  of  Transit   Inspection. 
Line — 3rd  &  Amsterdam  Ave.  Date — Sunday,  June  26,   1910. 

Location  of  Observer — Fort  George   (195th  St.)  Bound— South 

Computer— F.   A.   L.  Checked   by   W.   H.    McC.  Investigation— 2830 


Time. 

Destination. 

so 

13 

525 

1. 
II 

1 

hi  °o 

0 

OS'S 

si 

E 
a 

3  a 
"S| 

!«. 

s 

;5 

p.  M. 

2.00  to  6.00 
6.00  "  6-15 

Total. . . . 

192 

14 

12 

18 

15 

11 

10 

11 

8 

11 

10 

7 

6 

7 

10 

12 

10 

8,640 
680 
540 
685 
675 
496 
450 
496 
360 
495 
450 
316 
270 
816 
450 
640 
450 

8.500 
613 
522 
686 
667 
566 
481 
556 
400 
535 
458 
402 
836 
505 
673 
638 
429 

41^ 

97^ 

m^ 
Full. 

99^ 
5  std 
8    " 

5  " 

6  " 
4    " 

Full. 

12  std. 

11  " 
27    " 

12  " 
99^ 

87>ir 

7 

1 

65 

10 

6.15  "  6  80 

6.80  "  6.45 

1 
1 
5 

8 
6 
4 
4 
7 
5 
4 
7 
9 
6 
3 

10 

6.45  "  7.00 

10 

7.00  "  7.15 

60 

7.15  "  7.80 

40 

7.80  "  7.45 

60 

7.45  *»  8.00 

40 

8.00  "  8.15 

40 

8.15   "  8  30 

120 

8.80  •'  8.45 

150 

8.45   "  !».00 

120 

9.00  "  9.16 

190 

9.15  "  9.30 

150 

9.80  "  9.45 

80 

9.46  "10.00 

30 

2.00  to  10.00 

Grand  total. . . . 

859 

16,155 

11,646 

72;; 

73 

1,176 

Sheet  No.  8. 


498 


COPY. 

PUBLIC   SERVICE  COMMISSION   FOR  THE  FIRST   DISTRICT. 

Bureau  of   Transit  Inspection. 
Line — 3rd  &   Amsterdam      ■\ 

loth   Avenue   Branch  >  Combined  Dated — June  26,   1910,  Sunday. 

Kingsbridge  ) 

Location  of  Observer — 162nd  St.  and  Amsterdam  Ave.  Bound — North. 

Computer — McClure.  Checked  by   F.   A.   L.  Investigation    No.    2830 — 2832 — 12833 


Sheets   Nos.   "A"   and   "B." 


Time. 

Destination. 

00 

u 

11  « 
•A  Pt 
SO 

0 
1. 

S 

0 

is 

•s 

a  t. 

li 

O61 

«.£ 

1^ 

fi 

00  a 

CI 

IS. 

p.  M. 

2.00  to  2.15 

18 
20 
22 
20 
21 
23 
23 
26 
21 
23 
19 
24 
23 
19 
25 
21 
24 
21 
20 
16 
19 
15 
19 
17 
17 
6 
18 
17 
21 
20 
15 
17 

810 

900 

990 

900 

945 

1,035 

1,035 

1,170 

945 

1,035 

855 

1,080 

1,035 

855 

1,125 

945 

1.080 

945 

900 

720 

855 

675 

855 

765 

765 

270 

810 

765 

945 

900 

675 

765 

717 

848 

947 

920 

1,067 

l,2:n 

1.171 

1,265 

1,208 

1.209 

1,099 

1,831 

974 

858 

894 

837 

823 

748 

740 

643 

567 

615 

762 

718 

782 

851 

1,061 

748 

726 

703 

450 

432 

890/0 
94% 
96% 

1st 

6 

9 

6 

4 
13 

8 
13 
10 
94% 

Ful 
79% 
890/0 
760/0 
790^ 
820/0 
890/0 
66% 
910/0 
S9% 
94% 

1st 

13  ' 

14  ' 
98% 
770/0 
78% 
67% 
56% 

4 

8 
8 
d.       6 
12 
15 
12 
10 
16 
15 
12 
18 
7 
7 
8 
5 
8 
1 
2 
4 

60 

2.15  "  2.30 

110 

2.80  "  2.45 

110 

2.45  "  3.00 

110 

8.00  "  3.15 

280 

8.15  "  3.30 

250 

3.30  "  3.45 

190 

8.45  "  4.0(» 

140 

4.00  "  4.15 

290 

4.15   "  4.30 

210 

4.30   "  4.45 

280 

4.45   "  5.00 

260 

5.00   "  5.15 

110 

5.15  "  5.30 

120 

5.30  "  5.45 

30 

5.45   "   6.00 

90 

6.00  "  6.15 

40 

6.15  "  6.30 

10 

6  30  "  6.45 

20 

6.45  "  7.00 

40 

7.00  •'  7.15 

7  15  "  7  80 

3 
5 
5 
d.       5 
5 
15 
6 
4 
1 

30 

7  80  "  7.45 

55 

7.45  "  8.00 

70 

8.00  "  8.15 

60 

8.15  "  8  30 

90 

8.80  "  8.45 

260 

8.45  "  9.00 

100 

9  00  "  9  15 

50 

9.15  "  9.30 

10 

9.80  "  9.45 

9.45  "10.00 

2.00  to  10.00 

Totals.... 

680 

28,350 

27,445 

97% 

212 

8,425 

499 


COPY. 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT. 

Bureau  of  Transit  Inspection. 
Line — All  lines  on  Amsterdam  Ave.  Date — Sunday,  June  26,  1910. 

Location  of  Observer — Amsterdam  Ave.  162nd  St.  Bound — South. 

Computer — H.  C.  L.  Checked  by  J.  W.  C. — F.  A.   L.  Investigation   No.   2830,  2832,  2833. 


Sheets  Nos.  "C  and  "D." 


Time. 

Destination. 

II. 

SO 
1 

^ . 

1 

0 
11 

•5 

U 

< 

0       -Si 
II 

a 

OS  ° 
^^ 
o| 

la 

^5 

p.  M. 

2.00  to  2.16 

28 

16 
18 
19 
21 
22 
20 
22 
19 
27 
22 
21 
21 
18 
19 
17 
21 
26 
24 
28 
19 
17 
19 
18 
12 
18 
19 
9 
11 
17 
17 
19 

1,035 
720 
810 
855 
945 
990 
900 
990 
855 
1,215 
990 
945 
945 
810 
855 
765 
945 
1,170 
1,080 
1,085 
855 
765 
855 
810 
540 
810 
855 
4a5 
495 
765 
765 
855 

284 
225 
281 
235 
306 
414 
342 
896 
522 
578 
640 
685 
850 
888 
884 
786 
1.095 
1,198 
1,142 
1,085 
893 
960 
1,025 
965 
696 
988 
858 
465 
750 
994 
980 
921 

90% 
2  St 

980/0 
1st 

7  ' 

1  ' 

8  ' 

2  ' 
2    ' 

11    ' 

9  ' 
9    ' 

13    ' 
10   ' 
Ful 

7  St 
23    ' 
18    ' 

9    ' 

8  ' 

;    "2 
1 
1 
4 

d.          6 

5 

d.          7 

15 

10 

10 

6 

7 

14 

16 

12 

12 

16 

9 

d.          6 

10 

13 

14 

10 

2.15  "  2.30 

' 

2.80  "  2.45 

2.45   "   8.00 

10 

3.00   "  8.15 

8.15  "  3.80 

3.30   ••   3.45 

8.45  '•  4.00 

4.00  "  4.15 

4.15  "  4.80 

20 

4.80   "  4.45 

10 

4.45  "  5.00 

10 

5.00  "   5.15 

40 

5.15  "  5.30 

100 

5.30  "  5.45 

60 

5.45  "  6.00 

75 

6.00  "  6.15 

150 

6.15  "  6.3() 

56 

6.80  "  6.45 

80 

6.45   "  7.00 

60 

7.00  "  7.15 

66 

7.15  "  7.80 

196 

7.80  "  7.45 

170 

7.45   "  8.11O 

155 

8.00  "  8.15 

155 

8.15  "  8.80 

200 

8.80  "  8.45 

115 

8.45  "  9.00 

105 

9.00  "  9.15 

255 

9.15   "  9.30 

265 

9.80  "  9.45 

166 

9.45  "10.00 

120 

2.00  to  10.00 

Total 

614 

27,680 

28,100 

84% 

207 

2,625 

500 


COPY. 

New  York,  July  13th,  1910. 
Mr.  Travis  H.  Whitney, 

Secretary,  Public  Service  Commission, 

154  Nassau  Street,  New  York  City. 

Dear  Sir: 

I  have  your  letter  of  the  7th  instant  with  its  enclosures.  I  enclose  you  herewith  a  memo- 
randum from  the  Operating  Department  in  respect  thereto.  With  that  I  might  close  the  cor- 
respondence. As,  however,  the  tone  of  your  letter  may  be  construed  to  indicate  that  the  Com- 
mission is  contemplating  a  further  excursion  into  the  realms  of  the  law,  I  feel  bound  to  answer 
your  letter  more  fully. 

You  send  me  twelve  blue  prints  purporting  to  show  the  number  of  passengers  sitting  and 
standing  in  certain  Third  Avenue  cars  on  Sunday,  June  26th.  I  have  already  told  you  a  suffi- 
cient number  of  times,  that  blue  prints  of  this  character  are  absurd  on  their  face.  As  evidence 
they  are  worse  than  worthless,  and  you  cannot  expect  me  to  pay  any  attention  to  conclusions 
drawn  from  them  or  any  other  evidence  collected  in  any  such  manner. 

In  addition  to  these  general  observations,  I  may  say  for  your  information,  that  on  Monday, 
June  27th,  certain  of  my  officials  informed  me,  as  a  joke,  that  they  had  been  observing  the  opera- 
tions of  your  observers  on  the  previous  day,  and  found  one  of  them  making  his  observation 
from  a  point  in  the  shade  at  one  hundred  yards  or  so  distant  from  the  cars  which  he  was  pre- 
tending to  observe,  and  found  another  one  pretending  to  observe  the  cars,  and  at  the  same  time 
talking  to  three  ladies  in  a  comfortable  hallway. 

If,  however,  there  was  a  violation  of  Order  424,  effective  since  May  ist,  1908,  and  you  are 
justified,  as  you  think,  in  asking  me  to  advise  the  Commission  why  that  Order  is  not  being 
obeyed,  I  have  to  say — 

First. — That  it  was  not  being  obeyed  on  June  26th — if  it  was  not — because  every  car 
which  I  possess  was  in  service  on  that  day.  Any  order  which  contemplates  the  use  of  cars  which 
do  not  exist,  is  a  foolish  order,  and  ought  to  be  changed. 

Second. — I  have  to  say  that  this  order  is  not  being  obeyed — if  it  is  not — because  my  per- 
sonal judgment  is  that  there  are  as  many  cars  running  down  Amsterdam  Avenue  Hill  as  it  is 
safe  for  human  life  to  have,  and  I  decline,  in  response  to  the  orders  of  the  Commission  or  any- 
body else  to  take  the  responsibility  of  increasing  the  headway  of  cars  on  that  hill.  I  will  resign 
my  position  rather  than  do  so. 

Third. — If  your  order  is  not  being  obeyed  the  reason  for  it  is  that  the  order  is  of  a  totally 
impracticable  character.  On  Saturday  last,  for  instance,  I  went  up  to  the  entrance  of  the  ball 
grounds  about  the  time  the  crowd  was  coming  out.  We  had  twenty  or  more  cars  standing 
on  the  track  waiting  to  accommodate  the  crowd.  Several  hundred  or  thousand  people  came 
out  within  a  few  minutes  and  apparently  the  whole  of  them  wished  to  board  the  first  car.  They 
crowded  into  it  to  a  point  of  what  I  should  suppose  to  be  suffocation.  No  order  that  you  or 
I  may  make  will  possibly  prevent  this.  What  is  required  is  a  change  in  the  Law  and  a  large 
force  of  police.     The  same  thing  occurred  with  the  next  twelve  or  fifteen  cars,  and  it  was  not 

501 


until  some  twenty  or  thirty  minutes  had  elapsed,  that  I  should  have  thought  any  decent  man 
could  have  found  a  place  in  a  car  at  all.     The  people  apparently  are  of  a  different  opinion. 

Now,  in  this  case  and  in  every  case  where  there  is  a  sudden  access  of  crowd,  your  order  is 
ilecessarily  disobeyed — if  you  choose  to  put  it  in  that  way — and  I  am  powerless  to  prevent  it. 
I,  therefore,  repeat  to  you,  what  I  said  to  you  a  year  or  more  ago,  why  not  make  your  orders 
correspond  to  the  facts? 

I  have  answered  you  more  fully  than  is  necessary  in  this  matter,  not  because  I  am  seeking 
any  conflict  with  the  Commission,  but  because  if  you  contemplate  further  proceedings,  I  am  bound 
to  give  you  my  whole  case,  and  I  submit  that  it  is  not  for  the  public  interest  that  you  should 
subject  me  to  this  sort  of  correspondence  or  this  sort  of  futile  espionage. 

Yours  truly, 

Receiver. 


MEMORANDUM. 

Regarding  the  observations  made  by  the  Inspectors  of  the  Public  Service  Commission  on  Sunday, 
June  26th,  1910,  from  2:00  to  10:00  P.  M.,  we  must  admit  that  at  times  during  the  hours  mentioned  passen- 
gers were  standing  in  certain  of  the  cars  operated,  and  while  that  is  a  fact,  the  observations  show  that  a 
number  of  the  cars  were  operated  upon  less  than  a  minute  headway. 

We  fully  appreciate  the  necessity  for  providing  adequate  transportation  facilities  at  all  times,  and  we 
endeavor  to  do  so.  On  the  Sunday  in  question  the  riding  was  very  heavy,  particularly  during  the  afternoon 
and  evening,  and  we  expect  the  same  conditions  to  continue  on  holidays  during  the  remainder  of  the  Sum- 
mer season,  when  the  weather  is  favorable. 

On  the  date  in  question,  we  had  in  service  every  available  car,  of  the  convertible  type,  and  every 
available  conductor  and  motorman.  In  addition,  we  had  drafted  from  our  Dry  Dock  Division,  twenty 
crews  to  operate  cars  upon  our  other  busier  lines.  The  service  requirements  upon  that  Division  on  Sunday 
are  less  than  other  days  in  the  week,  and  we  can  readily  spare  the  men  we  transfer. 

We  are  very  anxious  to  give  ample  accommodation  to  our  patrons.  We  want,  and  appreciate,  the  in- 
creased business  upon  our  lines  on  Sundays,  and  we  endeavor  to  make  provision  for  caring  for  it,  and  when 
we  place  in  service  every  available  car,  and  when  every  available  man  is  employed,  and  we  draw  from  our 
less  busy  lines  a  considerable  percentage  of  their  employees  to  help  out  the  busy  ones,  we  are  not  aware  of 
anything  else  we  can  do,  or  of  anything  we  have  left   undone,  to  maintain  a   satisfactory   service. 

E.  A.  M. 
July   1 2th,   1 9 10. 


COPY. 

New  York,  July  nth,  1910. 
Editor  of  "The  Evening  Post." 

Sir: 

In  an  editorial  paragraph  on  Saturday,  you  say  of  an  article  in  the  "Outlook"  on  the  Pub- 
lic Service  Commission — 

"Few  realize  how  thorough  has  been  the  change  brought  about  by  the  Commission 
in  the  relation  between  the  public  service  corporations  and  the  community.  We  are 
apt  to  forget  such  matters  as  the  reduction  of  accidents  by  the  Commission's  insistence 

502 


on  the  use  by  the  surface  cars  of  the  best  form  of  tenders — a  thing  which  has  saved 
hundreds  of  Hves,  and  yet  has  resulted  in  an  actual  money-saving  to  the  companies, 
through  prevention  of  damage  claims;  the  compulsory  substitution  of  good  cars  in 
proper  condition,  which  has  done  away  with  the  worst  of  the  diabolical  noises  and  has 
also  greatly  reduced  congestion  through  break-downs;  and  a  score  of  other  things  of 
similar  character." 

I  think  you  rather  overstate  the  claims  made  by  Mr.  Stowe  for  the  Commission  in  the 
"Outlook,"  and  I  do  not  know  that  it  makes  much  difference  who  is  credited  with  accomplishing 
the  desired  results,  but  it  is  not  for  the  good  of  the  souls  of  the  Public  Service  Commissioners 
that  the  "Evening  Post"  should  encourage  their  pet  delusion — that  everything  which  has  been 
done  to  the  street  railways  in  this  town  since  they  were  created,  is  due  to  their  insistence,  their 
investigations  or  their  orders.  They  seem  already  to  believe  that  "Post  hoc  ergo  propter  hoc" 
is  a  legal  maxim,  and  their  pathetic  belief  in  it  led  them,  on  one  occasion,  to  ask  that  certain 
improvements  contemplated  by  the  Receivers  should  be  delayed  until  they  could  make  an  order 
compelling  such  improvements. 

As  a  matter  of  fact,  the  credit  for  most  of  the  things  referred  to  in  your  paragraph,  is  due 
solely  to  the  United  States  Circuit  Court  and  its  officers.  In  particular,  the  credit  for  the  life- 
saving  fenders — not  tenders — on  the  Third  Avenue  cars,  is  no  more  due  to  the  Commission 
than  it  is  to  the  comet's  lost  tail.  I  made  a  contract  to  equip  all  the  cars  of  the  Third  Avenue 
System  before  the  Commission  took  any  action  whatever,  and  I  believe  I  began  the  investigation 
of  the  subject  before  they  did. 

It  is  all  very  well  for  Mr.  Willcox  to  sing  the  "Song  of  the  Banderlog,"  but  I  submit  that 
the  "Evening  Post"  ought  not  to  rejoin  by  chanting  a  Te  Deum. 

Yours  truly, 

Receiver. 


S03 

[4630FJ  THE  EVENING  POST  JOB  PRINTING  OFFICE,  156  FULTON  ST.,  N.  Y. 


IND  KX. 


Subjects. 
Accidents  and  Accident  Reports 84, 

347, 
442, 

Accounting    Order 170. 

Agreement   between    Westchester   Electric   and   Union 

Railway    Companies 405, 

Annual    Reports 97, 

338, 

Appraisal   of    Property 93, 

309, 

Bill  re  Ambulance  Chasers 219. 

Cables,  Power  House  and  Sub- station  Machinery 365. 

Change  of  Grade  42nd  Street 222. 

Change  of  Tracks  at  Times  Square 229, 

Changing  Cars  at  Times   Square 218, 

Changing  Signs  on   Cars 109, 

281, 

Complaints    against    Employees 1 16, 

Complaints  re  Lack  of  Heat  in  Cars 15, 

434, 

Complaints  re  Noise  of  Cars 124, 

139, 
283, 
468, 
Complaints  re   Service — 

Boston    Avenue    Line 413, 

Broadway    Line no, 

Brooklyn   and   Grand   Street  Line 19, 

39, 

Crosstown — 42nd    Street   Line 86, 

"  iioth    Street    Line.. 229, 

"  135th    Street    Line 330, 

467. 

"  i6ist    Street    Line 1 375, 

Fordham    Line 375, 

Jerome  Avenue  Line 459, 

Kingsbridge    Line 45, 

246, 


Pages. 

85, 

114, 

130, 

202, 

203, 

210, 

238, 

239, 

348, 

349, 

357, 

393, 

394, 

404, 

411, 

423, 

•454, 

455, 

468, 

469, 

487, 

488. 

406, 

98, 

113, 

114, 

174, 

214, 

239, 

240, 

254, 

339, 

341, 

342, 

343, 

344, 

490, 

491, 

492. 

94, 

200, 

202, 

278, 

299, 

300, 

304, 

306, 

324, 

325, 

339, 

340. 

233, 

284. 

219. 

116, 

119, 

120, 

153, 

154, 

221, 

241, 

280, 

282, 

445, 

451. 

128, 

129, 

252, 

253- 

16, 

17, 

109, 

163, 

402, 

409, 

410, 

427, 

435, 

443, 

444, 

447, 

462, 

463- 

125, 

126, 

127, 

134, 

135, 

136, 

137, 

138,. 

140, 

152, 

160, 

227, 

228, 

245, 

278, 

279, 

329, 

330, 

334, 

350, 

351, 

429, 

430, 

467, 

473- 

414, 

419, 

420, 

422. 

III, 

474. 

20, 

21, 

29, 

30, 

31, 

33, 

36, 

38, 

40, 

43, 

112, 

301, 

302, 

478, 

479, 

480. 

87, 

88, 

260, 

261, 

477, 

478. 

231, 

235, 

236, 

244, 

245. 

331, 

332, 

344, 

345, 

346, 

407, 

465, 

466. 

376, 

377, 

380, 

381, 

404. 

378, 

379, 

380, 

381, 

420, 

421, 

422. 

460, 

461. 

46, 

47, 

74, 

75, 

77, 

78, 

204, 

206, 

273, 

295, 

298, 

319, 

326, 

327, 

346, 

436. 

Morris  Avenue  Line 66, 

Morris  Park  Avenue 398, 

Sedgwick    Avenue    Line 254, 

Southern    Boulevard   Line 286, 

Third  and  Amsterdam  Avenue  Line 21, 

107, 

495, 

Third  Avenue  and  128th  Street  Terminus 354, 

Tremont  Avenue  Line 123, 

Westchester  Avenue   Line 273, 

West    Farms    Line 156, 

White  Plains  Avenue  Line 208, 

Williamsbridge    Line 367, 

449, 

Complaints  re  Unsanitary  Condition  of  Cars 11, 

427. 

Contracts — Interchange   of    Equipment 322. 

Daily  Statistics  for  P.  S.  Com.  Engineer 385. 

"Dark"  cars,  Webster  Avenue  barn 264, 

Depreciation    Account 310, 

Discontinuance   Through   Route — 242nd   Street 192, 

Discontinuance    Through    Route — Yonkers 175, 

Drawings  and  Plans  of  Construction 323, 

Employees'    Benefit    Association 223, 

Extension   Boscobel   Avenue 28, 

Extension   Ft.   Schuyler   Road 25, 

Fenders,    Life    Guards 51, 

277, 

Filing   Copies   of    Bonds,   etc 207. 

Filing  Franchise  and  Corporate  Documents 431, 

Flagmen  42nd   Street   and   nth   Avenue   Crossing....  265, 

Form    of    Accounts 170. 

Franchise   Bronx   Traction    Co 270. 

Franchise   Ft.   George   Loop 203, 

262, 

Franchise    Pelham    Avenue   Extension 255, 

Franchise   Queensboro   Bridge 372, 

Gasolene- Electric    Q^r i 371, 

Heating    Regulations 205, 

Kingsbridge    Ry.    Co.    Contract 212, 

Lexington    Avenue    Subway 352, 

List  of  Cars  in  Operation  and  on  Order 91, 

List  of  Officers  and   Directors 247, 

Midnight  Service  Morris  Avenue  Line 167, 

Monthly   Reports 327, 

Overhauling    Equipment 233, 

Permits  to  P.  S.  Com.  Employees 356, 

Poles,    135th    Street 463, 

Quarterly    Reports 113, 

328, 


7Z, 

383, 

384. 

399, 

400. 

255- 

287. 

22, 

^Z, 

24, 

Z'Z, 

34, 

37, 

41, 

42, 

"5, 

118, 

119, 

121, 

122, 

381, 

382, 

494, 

496, 

499, 

501. 

355, 

356. 

124, 

456, 

457, 

458. 

' 

274, 

275, 

418, 

419, 

464, 

489, 

490. 

157, 

291, 

292, 

293, 

294. 

209, 

2,^^, 

366, 

7>(i7, 

421, 

422, 

436. 

368, 

369, 

370, 

414, 

41S, 

416, 

424, 

448, 

450, 

456, 

457, 

458. 

12, 

13, 

60, 

61, 

62, 

63, 

64, 

426, 

265. 

3", 

323. 

196. 

1 

178, 

192, 

211. 

324, 

335, 

336, 

338, 

477, 

485. 

260, 

261. 

52, 

53- 

26, 

27, 

56, 

57, 

58, 

95, 

96, 

97. 

224, 

225, 

226, 

227, 

240, 

241, 

268, 

270, 

290. 

432, 

433, 

437, 

453, 

456, 

470. 

285, 

295, 

296, 

302, 

303. 

204, 

214, 

216, 

217, 

244, 

248, 

252, 

261, 

269. 

259, 

263, 

264, 

270, 

271, 

272, 

275, 

276. 

373, 

374, 

375, 

380, 

381. 

Z72- 

2^2, 

363, 

386, 

387, 

408, 

409. 

214. 

353, 

357, 

358. 

92. 

248. 

183. 

328, 

349, 

351, 

352, 

363, 

364, 

470. 

234- 

361. 

464. 

209, 

210, 

211, 

236, 

267, 

268, 

275, 

306, 

329, 

337, 

338, 

340. 

502. 

396, 

397, 

425- 

13, 

i8. 

103, 

104, 

113, 

199, 

200. 

220, 

221, 

266, 

^1, 

333, 

382, 

383. 

390, 

391, 

392, 

403, 

487, 

488. 

90. 

Relations  to  Public  Service  Commission 493, 

Reorganization    Plan 289, 

Repairs    to    Cars 2, 

Repairs    to   Track 218,     220,     221,     266,     2^1,     333,     382,     383,     388, 

389, 

Reports  re  Cash  Fares  and  Transfers 89, 

Reports  of  Defects  in  Cars 448. 

Reports  re  Motors,  Car  Bodies  and  Trucks 48,       49,       50,       59,     225,     226,     227,     228,     229, 

417. 

Report  on  P.  A.  Y.  E.  Cars 237, 

Resolution  of  Board  of  Aldermen  re  P.  A.  Y.  E.  Cars.  476, 

Specifications  and  Plans  of  Equipment ^z^ 

Stopping  at  Grand  Central  Station 131, 

Stops  at  Crossings 162, 

Suggestions  as  to  Improvements  in  Service 165, 

Suits  for  Recovery  of  Penalties 171, 

Tabulated  Statements   Brooklyn  Traffic 171, 

Tariff   Schedules 99, 

Tenth  Avenue   Cars 384, 

Terminal  Facilities  West  130th  Street 140, 

Transfers    122, 

243, 

Transfer  of  Passengers  at  Bayard  St.  and  the  Bowery,  117. 

Transfer   Situation,    59th    Street 215. 

Underground    Conduit. 430. 

Ventilation  of   Cars 105,     106,     107,     412. 

Waiting  Room    Facilities 390,     391,     445. 

Williamsburg  Bridge  Contract 168,     169,     170,     196,     197. 


238. 

481, 

482. 

54, 

55, 

82, 

164, 

165, 

166, 

472. 

132, 

395, 

396. 

163, 

206, 

207, 

422. 

166, 

167, 

zn. 

374. 

172, 

214, 

215, 

311, 

319, 

482, 

485. 

203, 

353, 

354, 

363, 

401. 

100, 

IDI, 

197, 

199. 

385. 

141, 

143. 

123, 

153, 

154, 

155, 

158, 

159, 

241, 

242, 

285, 

287, 

359, 

360, 

395, 

400, 

401, 

452. 

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YE  1507 


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